LB 2525 3 

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LIBRARY OF CONGRESS 



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Hollinger Corp. 
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EDUCATION AND PUBLIC SCHOOLS. 



CONSTITUTIONAL PROVISIONS OF OTHER STATES COMPARED 
WITH THE CONSTITUTION OF MICHIGAN. 



[Compiled by the Michigan Legislative Reference Department for the 
Committee on Printing of the Constitutional Convention of 1907.] 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

(143) Sec. 1. The superintendent of public instruction shall have 
the general supervision of public instruction, and his duties shall be pre- 
scribed by law. — Mich. (1850), Art. 13. 

Sec. 262. The supervision of the public schools shall be vested in a 
superintendent of education, whose powers, duties and compensation 
shall be fixed by law. — Ala. (1901), Art. 14. 

Sec. 4. The supervision of public schools and the execution of the 
laws regulating the same shall be vested in and confided to such officers 
as may be provided for by the general assembly. — Ark. (1874), Art. 14. 

Sec. 2. A superintendent of public instruction shall, at each guber- 
natorial election after the adoption of this constitution, be elected by 
the qualified electors of the state. He shall receive a salary equal to that 
of the secretary of state, and shall enter upon the duties of his office 
on the first Mondav after the first dav of Januarv next succeeding his 
election.— Cal. (1880), Art. 9. 

Sec. 20. The superintendent of public instructions shall be ex-offieio 
state librarian. — Co7o. (1876), Art. 4. 

Sec. 2. There shall be a superintendent of public instruction, whose 
duties shall be prescribed by law, and whose term of office shall be four 
years and until the election and qualification of his successor. — Fla. 
(1885), Art. 12. 



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2 v • 

Sec. 25. The superintendent of public instruction shall have super- 
vision of all matters pertaining to public instruction ; the supervision of 
state ibuildings devoted to educational purposes, and perform such other 
duties as the legislature may provide by law. — Fla. (1885), Art. 4. 

Sec. 2. Par. 1. There shall be a state school commissioner elected 
by^the people at the same time and manner as the governor and state 
house officers are elected, whose term of office shall be two years, and un- 
til his successor is elected and qualified. His office shall be at the seat of 
the government, and he shall be paid a salary not to exceed two thousand 
dollars ($2,000) per annum. The general assembly may substitute for 
the state school commissioner such officer or officers as may be deemed 
necessary to perfect the system of public education. — Ga. (1877), Art. 8. 

Sec. 1. The state superintendent of public instruction shall have the 
general supervision of the common school funds and educational inter- 
ests of the state, and perform such other duties as may be prescribed by 
law. A superintendent of public instruction shall be elected in each 
county, whose term of office shall be two years, and whose duties and 
compensation shall be prescribed by law. — Kan. (1859), Art. 6. 

Sec. 202. There shall be a superintendent of public education elected 
at the same time and in the same manner as the governor, who shall 
have the qualifications required of the secretaiw of state, and hold his 
office for four years, and until his successor shall be elected and qualified, 
who shall have the general supervision of the common schools and of the 
educational interests of the state, and who shall perforin such other 
duties and receive such compensation as shall be prescribed by law. — 
Miss. (1890), Art. 8. 

Sec. 1. The legislature shall encourage by all suitable means the 
promotion of intellectual, literary, scientific, mining, mechanical, agri- 
cultural and moral improvements, and also provide for the election by 
the people, at the general election, of a superintendent of public instruc- 
tion, whose term of office shall be two years from the first Monday of 
January, A. D. eighteen hundred and sixty-five, and until the election 
and the qualification of his successor, and whose duties shall be pre- 
scribed by law. — Nev. (1864), Art. 11. 

Sec. 1. The governor shall be superintendent of public instruction, 
and his powers and duties in that capacity shall be such as may be pre- 
scribed by law ; but after the term of five years from the adoption of this 
constitution, it shall be competent for the legislative assembly to pro- 
vide by law for the election of a superintendent, to provide for his com- 
pensation, and prescribe his powers and duties. — Ore. (1857), Art. 8. 

Sec. 20. The superintendent of public instruction shall exercise all 
the powers and perform all the duties of the superintendent of common 
schools, subject to such changes as shall be made by law.— Pa. (1873), 
Art. 4. 

Sec. 1. The supervision of public instruction shall be vested in a state 



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^.superintendent of education, who shall be elected for the term of 

s two years by the qualified electors of the state, in such manner and at 

<b such time as the other state officers are elected; his powers, duties and 

^ compensation shall be defined by the general assembly .— $. G. (1895), 

Art. 11. 

Sec. 19. The superintendent of public instruction shall perform such 
duties as may be provided by law.- 1 - TJtah (189G), Art. 7. 

Sec. 131. The superintendent of public instruction, who shall be an 
experienced educator, shall be elected by the qualified voters of the state 
at the same time and for the same term as the governor. Any vacancy 
in said office shall be filled for the unexpired term by the said board. 

His duties shall be prescribed by the state board of education, of 
which he shall be ex-officio president; and his compensation shall be 
fixed by law.— Fa. (1902), Art. 9. 

Sec. 22. The superintendent of public instruction shall have super- 
vision over all matters pertaining to public schools, and shall per- 
form such specific duties as may be prescribed by law. He shall receive 
an annual salary of twenty-five hundred dollars, which may be in- 
creased by law, but shall never exceed four thousand dollars per an- 
num.— Wash. (1889),. Art. 3. 

Sec. 2. The state superintendent of free schools shall have a gen- 
eral supervision of free schools, and perform such other duties in re : 
lation thereto as may be prescribed by law. If in the performance of 
any such duty imposed upon him by the legislature he shall incur any 
expenses, he shall be reimbursed therefor: Provided, The amount does 
not exceed five hundred dollars in any one year. — W. Ta. (1872), Art. 
12. 

Sec. 14. The general supervision of the public schools shall be en- 
trusted to the state superintendent of public instruction, whose powers 
and duties shall be prescribed by law. — Wyo. (1889), Art. 7. 



COUNTY SUPERINTENDENT OF SCHOOLS. 

Sec. 3. A superintendent of schools for each county shall be elected 
by the qualified electors thereof at each gubernatorial election : Pro- 
vided, That the legislature may authorize two or more counties to 
unite and elect one superintendent for the counties so uniting. — Gal. 
(1880), Art. 9. 

Sec. 0. There shall be a county superintendent of schools in each 
county, whose term of office shall be two years, and whose duties, 
qualifications and compensation shall be prescribed by law. He shall be 
ex officio commissioner of lands within his county, and shall discharge 
the duties of said office under the direction of the state board of land 
commissioners, as directed by law. — Golo. (1876), Art. 9. • 



Sec. 5. There may be a county superintendent of schools in each 
county, whose qualifications, powers, duties, compensation and time 
and manner of election and term of office shall be prescribed by law. — 
III. (1870), Art. 8. 

Sec. 204. There shall be a superintendent of public education in 
each county, who shall be appointed by the board of education by and 
with the advice and consent of the senate, whose term of office shall 
be four years, and whose qualifications, compensation and duties, shall 
be prescribed by law : Provided, That the legislature shall have power 
to make the office of county school superintendent of the several coun- 
ties elective, or may otherwise provide for the discharge of the duties 
of county superintendent, or abolish said office. — Miss. (1890), Art, 8. 

Sec. 150. A superintendent of schools for each county shall be elected 
everv two years, whose qualifications, duties, powers and compensation 
shall be fixed by law.— N. Dak, (1889), Art. 8. 

Sec. 3. The legislature may provide for county superintendents and 
such other officers as may be necessary to carry out the objects of this 
article and define their duties, powers and compensation. — W. Ta, 
(1872), Art. 12. 

EDUCATIONAL FUNDS. 

(144) Sec. 2. The proceeds from the sales of all lands that have 
been or hereafter may be granted by the United States to the state 
for educational purposes, and the proceeds of all lands or other prop- 
erty given by individuals or appropriated by the state for like purposes, 
shall be and remain a perpetual fund, the interest and income of which, 
together with the rents of all such lands as may remain unsold, shall 
be inviolably appropriated and annually applied to the specific objects 
of the original gift, grant or appropriation. — Mich. (1850), Art. 13. 

Sec. 257. The principal of all funds arising from the sale or other 
disposition of lands or other property, which has been or may hereafter 
be granted or entrusted to this state or given by the United States for 
educational purposes shall be preserved inviolate and undiminished; 
and the income arising therefrom shall be faithfully applied to the 
specific object of the original grants or appropriations. — Ala. (1901), 
Art. 14. 

260. The income arising from the sixteenth section trust fund, the 
surplus revenue fund, until it is called for by the United States govern- 
ment, and the funds enumerated in sections 257 and 258 of this con- 
stitution, together with a special annual tax of thirty cents on each 
one hundred dollars of taxable property in this state, which the legisla- 
ture shall levy, shall be applied to the support and maintenance of the 
public schools, and it shall be the duty of the legislature to increase 
the public school fund from time to time, as the necessity therefor and 
the condition of the treasury and the resources of the state may justify : 
Provided, That nothing herein contained shall be so construed as to 



authorize the legislature to levy in any one year a greater rate of state 
taxation for all purposes, including schools, than sixty -five cents on 
each one hundred dollars worth of taxable property: And Provided 
farther, That nothing herein contained shall prevent the legislature 
from first providing for the payment of the bonded indebtedness of 
the state and interest thereon out of all the revenues of the state. — 
Ala. (1901), Art. 14. 

Sec. 1. The proceeds of all lands that have been or may be granted 
by the United States to this state for the support of common schools, 
which may be, or may have been, sold or disposed of, and the five hun- 
dred thousand acres of land granted to the new states under an act of 
congress distributing the proceeds of the public lands among the several 
states of the Unions, approved A. D. one thousand eight hundred and 
forty-one, and all estates of deceased persons who may have died with- 
out leaving a will or heir, and also such per cent as may be granted, 
or may have been granted, by congress on the sale of lands in this 
state, shall be and remain a perpetual fund, the interest of which, to- 
gether with all the rents of the unsold lands, and such other means 
as the legislature may provide, shall be inviolably appropriated to the 
support of common schools throughout the state. — Gal. (1880), Art. 9. 

Sec. 2. The fund called the school fund shall remain a perpetual fund, 
the interest of which shall be inviolably appropriated to the support and 
encouragement of the public or common schools throughout the state, 
and for the equal benefit of all the people thereof. The value and amount 
of said fund shall, as soon as practicable, be ascertained in such manner 
as the general assembly may prescribe, published, and recorded in the 
comptroller's office, and no law shall ever be made authorizing said fund 
to be diverted to any other use than the encouragement and support of 
public or common schools, among the several school societies, as 'justice 
and equity shall require. — Conn. (1818), AH. 8. 

Sec. 4. The state school fund, the interest of which shall be exclu- 
sively applied to the support and maintenance of public free schools, 
shall be derived from the following sources : 

The proceeds of all lands that have been or may hereafter be granted 
to the state by the United States for public school purposes. 

Donations to the state when the purpose is not specified. 

Appropriations by the state. 

The proceeds of escheated property or forfeitures. 

Twenty-five per cent, of the sale of public lands which are now or may 
hereafter be owned by the state.— Flu. (1885), Art. 12. 

Sec. 4. The public school fund of the state shall consist of the pro- 
ceeds of such lands as have heretofore been granted, or may hereafter 
be granted, to the state by the general government, known as school 
lands, and those granted in lieu of such ; lands acquired by gift or grant 
from any person or corporation, under any law or grant of the general 
government, and of all other grants of land or money made to the state 
from the general government for general educational purposes, or where 
no other special purpose is indicated in such grant; all estates or dis- 



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tributive shares of estates that may escheat to the state; all unclaimed 
shares and dividends of any corporation incorporated under the laws of 
the state ; and all other grants, gifts, devises, or bequests made to the 
state for general educational purposes. — Idaho (1889), Art. 9. 

Sec. 2. The common school fund shall consist of the congressional 
township fund, and the lands belonging thereto ; 

The surplus revenue fund ; 

The saline fund, and the lands belonging thereto ; 

The bank tax fund, and the fund arising from the one hundred and 
fourteenth section of the charter of the state bank of Indiana ; 

The fund to be derived from the sale of county seminaries, and the 
moneys and property heretofore held for such seminaries; from the fines 
assessed for breaches of the penal laws of the state; and from all for- 
feitures which may accrue; 

All lands and other estate which shall escheat to the state for want 
of heirs or kindred entitled to the inheritance; 

All lands that have been or may hereafter be granted to the state, 
where no special purpose is expressed in the grant, and the proceeds of 
the sales thereof; including the proceeds of the sales of the swamp lands 
granted to the state of Indiana by act of congress, of the 28th of Sep- 
tember, 1850, after deducting the expense of selecting and draining the 
same ; 

Taxes on the property of corporations that may be assessed by the 
general assembly for common school purposes. — Inch (1851), Art. 8. 

Sec. 3. The general assembly shall encourage, by all suitable means, 
the promotion of intellectual, scientific, moral and agricultural improve- 
ment. The proceeds of all lands that have been, or hereafter may be, 
granted by the United States to this state, for the support of schools, 
which may have been or shall hereafter be sold, or disposed of, and the 
five hundred thousand acres of land granted to the new states, under an 
act of congress, distributing the proceeds of the public lands among the 
several states of the Union,, approved in the year of our Lord one thous- 
and eight hundred and forty-one, and all estates of deceased persons who 
may have died without leaving a will or heir, and also such per cent 
as has been or may hereafter be granted by congress, on the sale of lands 
in this state, shall be, and remain a perpetual fund, the interest of 
which, together with all rents of the unsold lands, and such other 
means as the general assembly may provide, shall be inviolably appro- 
priated to the support of common schools throughout the state. — Ioica 
(1857), Art. 9. 

Sec. 3. The proceeds of all lands that have been or may be granted by 
the United States to the state for the support of schools, and the five 
hundred thousand acres of land granted to the new states under an act 
of congress distributing the proceeds of public lands among the several 
states of the Union, approved September 4, A. D. 1841, and all estates 
of persons dying without heir or will, and such per cent, as may be 
granted by congress on the sale of lands in this state, shall be the com- 
mon property of the state, and shall be a perpetual school fund, which 
shall not be diminished, but the interest of which, together with all the 



rents of the lands, and such other means as the legislature may provide, 
by tax or otherwise, shall be inviolably appropriated to the support of 
common schools. — Kan. (1859), Art. G. 

Sec. 184. The bond of the commonwealth issued in favor of the board 
of education for the sum of one million three hundred and twenty-seven 
thousand dollars shall constitute one bond of the commonwealth in favor 
of the board of education, and this bond and the seventy-three thousand 
five hundred dollars of the stock in the bank of Kentucky, held by the 
board of education, and its proceeds, shall be held inviolate for the pur- 
pose of sustaining the system of common schools. The interest and 
dividends of said fund, together with any sum which may be produced by 
taxation or otherwise for purposes of common school education, shall be 
appropriated to the common schools, and to no other purpose. No sum 
shall be raised or collected for education other than in common schools 
until the question of taxation is submitted to the legal voters, and the 
majority of the votes cast at said election shall be in favor of such tax- 
ation : Prodded, The tax now imposed for educational purposes, and for 
the endowment and maintenance of the agricultural and mechanical 
college, shall remain until changed by law. — Ky. (1891), Sec. 181. 

Sec. 188. So much of any moneys as may be received by the common- 
wealth from the United States under the recent act of congress refund- 
ing the direct tax shall become a part of the school fund, and be held as 
provided in section one hundred and eighty-four ; but the general as- 
sembly may authorize the use, by the commonwealth, of the moneys so 
received or any part thereof, in which event a bond shall be executed to 
the board of education for the amount so used, which bond shall be held 
on the same terms and conditions, and subject to the provisions of section 
one hundred and eightv-four, concerning the bond therein referred to. — 
Ky. (1891), Sec. 188. ' 

Art. 254. The school funds of the state shall consist of: 1st. Not 
less than one and one-quarter mills of the six mills tax levied and col- 
lected by the state. 2nd. The proceeds of taxation for school purposes 
as provided by this constitution. 3rd. The interest on the proceeds of 
all public lands heretofore granted or to be granted by the United States 
for the support of the public schools, and the revenue derived from such 
lands as may still remain unsold. 4th. • Of lands and other property 
heretofore or hereafter bequeathed, granted or donated to the state for 
school purposes. 5th. All funds and property, other than unimproved 
lands, bequeathed or granted to the state, not designated for any other 
purpose. 6th. The proceeds of vacant estates falling under the law 
to the state of Louisiana. 7th. The legislature may appropriate to the 
same funds the proceeds of public lands not designated or set apart for 
any other purpose, and shall provide that every parish may levy a tax 
for the public schools therein, which shall not exceed the entire state tax : 
Provided, That with such a tax the whole amount of parish taxes shall 
not exceed the limits of parish taxation fixed by this constitution. The 
city of New Orleans shall make such appropriation for the support, 
maintenance and repair of the public schools of said city as it may 
deem proper, but not less than eight-tenths of one mill for any one year ; 



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and said schools shall also continue to receive from the board of liquida- 
tion of the city debt, the amounts to which they are now entitled under 
the constitutional amendment, adopted in the year 1892. — La. (1898), 
Art. 254. 

Sec. 2. The proceeds of such lands as are or hereafter may be granted 
by the United States for the use of schools within each township of 
this state shall remain a perpetual school fund to the state ; and not 
more than one-third (%) of said lands may be sold in two (2) years, 
one-third (1-3) in five (5) years, and one third (1-3) in ten (10) years; 
but the lands of the greatest valuation shall be sold first: Provided, 
That no portion of said lands shall be sold otherwise than at public 
sale. The principal of all funds arising from sales or other disposition 
of lands or other property, granted or entrusted to this state in each 
township for educational purposes, shall forever be preserved inviolate 
and undiminished ; and the income arising from the lease or sale of 
said school land shall be distributed to the different townships through- 
out the state, in proportion to the number of scholars in each township, 
between the ages of five and twenty-one years; and shall be faithfully 
applied to the specific objects of the original grants or appropriations. 

Suitable laws shall be enacted by the legislature for the safe invest- 
ment of the principal of all funds which have heretofore arisen or 
which may hereafter arise from the sale or other disposition of such 
lands, or the income from such lands accruing in any way before the 
sale or disposition thereof, in interest-bearing bonds of the United States, 
or of the state of Minnesota, issued after the year one thousand eight- 
hundred and sixt} r (1860), or of such other state as the legislature may, 
by law, from time to time direct. 

All swamp lands now held by the state, or that may hereafter accrue 
to the state, shall be appraised and sold in the same manner and by the 
same officers, and the minimum price shall be the same less one-third 
(%), as is provided by law for the appraisement and sale of the school 
lands under the provisions of title one (1) of chapter thirty-eight (38) 
of the general statutes. The principal of all funds derived from sales 
of swamp lands, as aforesaid, shall forever be preserved inviolate and 
undiminished. One-half (%) of the proceeds of said principal shall be 
appropriated to the common school fund of the state. The remaining 
one-half (%) shall be appropriated to the educational and charitable 
institutions of the state in the relative ratio of cost to support said 
institutions.— Mivm. (1857), Art, 8 (Apults. 1875, 1881). 

Sec. 6. The proceeds of all lands that have been or hereafter may be 
granted by the United 'States to this state, and not otherwise appropriated 
by this state or the United States; also, all moneys, stocks, bonds, lands 
and other property now belonging to any state fund for purposes of 
education; also, the net proceeds of all sales of lands and other prop- 
erty and effect that may accrue to the state by escheat, from unclaimed 
dividends and distributive shares of the estates of deceased persons; 
also, any proceeds of the sales of the public lands which may have been 
or hereafter may be paid over to this state (if congress will consent to 
such appropriation) ; also, all other grants, gifts, or devises that have 
been or hereafter may be made to this state, and not otherwise appro- 



9 

priated by the state or the terms of the grant, gift or devise, shall be 
paid into the state treasury, and securely invested and sacredly pre- 
served as a public school fund; the annual income of which fund, to- 
gether with so much of the orclinany revenue of the state as may be by 
law set apart for that purpose, shall be faithfully appropriated for 
establishing and maintaining the free public schools and the state 
university in this article provided for, and for no other uses or pur- 
poses whatsoever. — Mo. (1875), Art. 11. 

Sec. 8. All moneys, stocks, bonds, lands and other property belong- 
ing to a county school fund, also the net proceeds from the sale of 
estrays, also the clear proceeds of all peD allies and forfeitures, and of 
all fines collected in the several counties for any breach of the penal 
or military laws of the state, and all moneys which shall be paid, by 
persons as an equivalent for exemption from military duty, shall belong 
to and be securely invested and sacredly preserved in the several counties 
as a county public school fund ; the income of which fund shall be 
faithfully appropriated for establishing and maintaining free public 
schools in the several counties of this state. — Mo. (1875), Art. 11. 

Sec. 2. The public school fund of the state shall consist of the pro- 
ceeds of such lands as have heretofore been granted, or may hereafter 
be granted, to the state by the general government, known as school lands ; 
and those granted in lieu of such ; lands acquired by gift or 
grant from any person or corporation under any law or grant of the 
general government; and of all other grants of land or money made to 
the state from the general government for general educational purposes, 
or where no other special purpose is indicated in such grant; all estates, 
or distributive shares of the estates that may escheat to the state; all 
unclaimed shares and dividends of any corporation incorporated under 
the laws of the state, and all other grants, gifts, devises or bequests 
made to the state for general educational purposes. — Mont. (1889), 
Art. 11. 

Sec. 3. The following are hereby declared to be perpetual funds for 
common school purposes of which the annual interest or income only can 
be appropriated, to wit : First. Such per centum as has been, or may 
hereafter be granted by congress on the sale of lands in this state. 
Second. All moneys arising from the sale or leasing of sections number 
sixteen and thirty-six in each township in this state, and the lands se- 
lected, or that may be selected, in lieu thereof. Third. The proceeds of 
all lands that have been, or may hereafter be, granted to this state, where 
by the terms and conditions of such grant, the same are not to be other- 
wise appropriated. Fourth. The net proceeds of lands and other property 
and effects that may come to the state, by escheat or forfeiture, or from 
unclaimed dividends, or distributive shares of the estates of deceased 
persons. Fifth. All moneys, stocks, bonds, lands, and other property, 
now belonging to the common school fund. — Neb. (1875), Art. 8. 

Sec. 3. All lands, including the sixteenth and thirty-sixth sections in 
any township donated for the benefit of public schools in the act of the 
thirty-eighth congress, to enable the people of Nevada territory to form 
2— Edu. 



10 

a state government, the thirty thousand acres of public lands granted by 
an act of congress, approved July- second, A. D. eighteen hundred and 
sixty-two, for each senator and representative in congress, and all pro- 
ceeds of land that have been or may hereafter be granted or appropriated 
by the United States to this state, and also the five hundred thousand 
acres of land granted to the new states under the act of congress dis- 
tributing the proceeds of the public lands among the several states of the 
union, approved A. D. eighteen hundred and forty-one. Provided, That 
congress may provision for or authorize such diversion to be made for 
the purpose herein contained ; all estates that may escheat to the state ; 
all of such per centum as may be granted by congress on the sale of lands ; 
all fines collected under the penal laws of the state; all property given or 
bequeathed to the state for educational purposes, and all proceeds 
derived from any or all of said sources shall be and the same are hereby 
solemnly pledged for educational purposes and shall not be transferred 
to any other fund for other uses; and the interest thereon shall, from 
time to time, be apportioned among the several counties as the legis- 
lature may provide by law ; and the legislature shall provide for the 
sale of floating land warrants to cover the aforesaid lands, and for the 
investment of all proceeds derived from any of the above mentioned 
sources, in United States bonds, or the bonds of this state, or the bonds 
of other states of the union. Provided, That the interest only of the 
aforesaid proceeds shall be used for educational purposes, and any sur- 
plus interest shall be added to the principal sum: And Provided further. 
That such portions of said interest as may be necessary may be appro- 
priated for the support of the state university. — Nev. (1864), Art 11. 

Sec. 3. The capital of the common school fund, the capital of the 
literature fund, and the capital of the United States deposit fund, shall 
be respectively preserved inviolate. The revenue of the said common 
school fund shall be applied to the support of common schools; the 
revenue of the said literature fund shall be applied to the support of 
academies ; and the sum of twenty-five thousand dollars of the revenues 
of the United States deposit fund shall each year be appropriated to 
and made part of the capital of the said common school fund. — N. Y. 
(1894), Art. 9.. 

Sec. 4. The proceeds of all lands that have been or hereafter may be 
granted by the United States to this state and not otherwise appropriated 
by this state or the United States, also all moneys, stocks, bonds and other 
property now belonging to any state fund for purposes of education, also 
the net proceeds of all sales of the swamp lands belonging to the state, 
and all other grants, gifts or devices that have been or hereafter may be 
made to the state and not otherwise appropriated by the state or by the 
terms of the grant, gift or devise, shall be paid into the state treasury, 
and, together with so much of the ordinary revenue of the state as may 
be by law set apart for that purpose, shall be faithfully appropriated for 
establishing and maintaining in this state a system of free public 
schools and for no other uses or purposes Avhatsoever. — i\ T . G. (1875), 
Art. 9. 

Sec. 153. All proceeds of the public lands that have heretofore been, or 



11 

may hereafter be granted by the United States for the support of the 
common schools in this state; all such per centum as may be granted 
by the United States on the sale of public lands; the proceeds of property 
that shall fall to the state by escheat; the proceeds of all gifts and 
donations to the state for common schools, or not otherwise appropriated 
by the terms of the gift, and all other property otherwise acquired for 
common schools, shall be and remain a perpetual fund for the main- 
tenance of the common schools of the state. It shall be deemed a trust 
fund, the principal of which shall forever remain inviolate and may be 
increased but never diminished. The state shall make good all losses 
thereof.— X. Dale. (1889), Art. 9. 

Sec. 159. All land, money or other property donated, granted or re- 
ceived from the United States or any other source for a university, 
school of mines, reform school, agricultural college, deaf and dumb 
asylum, normal school or other educational or charitable institution or 
purpose, and the proceeds of all such lands and other property so 
received from any source, shall be and remain perpetual funds, the 
interest and income of which, together with the rents of all such lands 
as may remain unsold, shall be inviolably appropriated and applied 
to the specific objects of the original grants or gifts. The principal of 
every such fund may be increased but shall never be diminished, and the 
interest and income only shall be used. Every such fund shall be deemed 
a trust fund held bv the state, and the state shall make good all losses 
thereof.— X. Dak. (1889), Art. 9. 

Sec. 1. The principal of all funds arising from the sale, or other dis- 
position of lands, or other property, granted or entrusted to this state for 
educational and religious purposes, shall forever be preserved inviolate, 
and undiminished; and, the income arising therefrom, shall be faithfully 
applied to the specific objects of the original grants, or appropriations, — 
Ohio (1857), Art. 0. 

Sec. 2. All proceeds of the sale of public lands that have heretofore 
been or may be hereafter given by the United States for the use and 
benefit of the common schools of this state, all such per centum as may 
be granted by the United States on the sales of public lands, the sum of 
five million dollars appropriated to the state for the use and benefit of 
the common schools in lieu of sections sixteen and thirty-six, and other- 
lands of the Indian Territory, the proceeds of all property that shall tall 
to the state by escheat, the proceeds of all gifts or donations to the state 
for common schools not otherwise appropriated by the terms of the gifts, 
and such other appropriations, gifts, or donations as shall be made by the 
legislature for the benefit of the common schools, shall constitute the 
permanent school fund, the income from which shall be used for the 
maintenance of the common schools in the state. The principal shall be 
deemed a trust fund held by the state, and shall forever remain inviolate. 
It may be increased, but shall never be diminished. The state shall reim- 
burse said permanent school fund for all losses thereof which may in any 
manner occur, and no portion of said fund shall be diverted for any other 
use or purpose. — Okla. (1907), Art. 11. 



12 

Sec. 2. The proceeds of all the lands which have been or hereafter 
may be granted to this state, for educational purposes (excepting the 
lands heretofore granted to aid in the establishment of a university), all 
the moneys and clear proceeds of all property which may accrue to the 
state by escheat or forfeiture; all moneys which may be paid as exemp- 
tion from military duty; the proceeds of all gifts, devises and bequests, 
made by any person to the state for common school purposes; the pro- 
ceeds of all property granted to the state when the purposes of such 
grant shall not be stated; all the proceeds of the five hundred thousand 
acres of land to_ which the state is entitled by the provisions of an act of 
congress, entitled "An act to appropriate the proceeds of the sales of 
the public lands, and to grant pre-emption rights, approved the 4th of 
{September, 1841/' and also the five per centum of the net proceeds of 
the sales of the public lands, to which this state shall become entitled on 
her admission into the union (if congress shall consent to such appro- 
priation of the two grants last mentioned) shall be set apart as a sepa- 
rate and irreducible fund, to be called the common school fund, the 
interest of which, together with all other revenues derived from the 
school land mentioned in this section, shall be exclusively applied to the 
support and maintenance of common schools in each school district, and 
the purchase of suitable libraries and apparatus therefor. — Ore. (1857), 
Art, 8^ 

Sec. 2. The money which now is or which may hereafter be appro- 
priated by law for the establishment of a permanent fund for the support 
of public schools, shall be securely invested, and remain a perpetual fund 
for that purpose. — R. I. (1842), Art, 12. 

Sec. 2. All proceeds of the sale of public lands that have heretofore 
been or may hereafter be given by the United States for the use of public- 
schools in the state; all such per centum as may be granted by the 
United States on the sales of public lands; the proceeds of all property 
that shall fall to the state by escheat; the proceeds of all gifts or dona- 
tions to the state for public schools or not otherwise appropriated by 
the terms of the gift; and all property otherwise acquired for public 
schools, shall be and remain a perpetual fund for the maintenance of 
public schools in the state. It shall be deemed a trust fund held by the 
state. The principal shall forever remain inviolate, and may be in- 
creased, but shall never be diminished, and the state shall make good all 
losses thereof which may in any manner occur. — 8. D. (1889), Art. 8. 

Sec. 12. Knowledge, learning, and virtue, being essential to the preser- 
vation of republican institutions, and the diffusion of the opportunities 
and advantages of education throughout the different portions of the 
state, being highly conducive to the promotion of this end, it shall be 
the duty of the general assembly, in all future periods of this govern- 
ment, to cherish literature and science. And the fund called the common 
school fund, and all the lands and proceeds thereof, dividends, stocks, 
and other property of every description whatever, heretofore by law 
appropriated, by the general assembly of this state for the use of com- 
mon schools, and all such as shall hereafter be appropriated, shall remain 
a perpetual fund, the principal of "which shall never be diminished by 



13 

Legislative appropriations ; and the interest thereof shall be inviolably 
appropriated to the support and encouragement of common schools 
throughout the state,. and for the equal benefit of all the people thereof; 
and no law shall be made authorizing said fund or any part thereof to be 
diverted to any other use than the support and encouragement of common 
schools. The state taxes derived hereafter from polls shall be appro- 
priated to educational purposes, in such manner as the general assembly 
shall, from time to time, direct by law. No school established or aided 
under this section shall allow white and negro children to be received as 
scholars together in the same school. The above provisions shall not pre- 
vent the legislature from carrying into effect any laws that have been 
passed in favor of the colleges, universities, or academies, or from author- 
izing heirs or distributees to receive and enjoy escheated property under 
such laws as shall be passed from time to time. — Ten/n. (1870), Art. 11. 

Sec. 2. All funds, lands and other property heretofore set apart and 
appropriated for the support of public schools ; all the alternate sections 
of land reserved by the state out of grants heretofore made or that may 
hereafter be made to railroads, or other corporations, of any nature 
whatsoever; one-half of the public domain of the state; and all sums of 
money that may come to the state from the sale of any portion of the 
same, shall constitute a perpetual public school fund. — Teoo. (1875), 
Art. 7. 

Sec. 5. The principal of all bonds and other funds, and the principal 
arising from the sale of the lands hereinbefore set apart to said school 
fund, shall be the permanent school fund ; and all the interest derivable 
therefrom and the taxes herein authorized and levied shall be the avail- 
able school fund, to which the legislature may add not exceeding one per 
cent annually of the total value of the permanent school fund; such 
value to be ascertained by the board of education until otherwise pro- 
vided by law; and the available school fund shall be applied annually to 
the support of the public free schools. And no law shall ever be enacted 
appropriating any part of the permanent or available school fund to any 
other purpose whatever; nor shall the same or any part thereof ever be 
appropriated to or used for the support of any sectarian school ; and the 
available school fund herein provided shall be distributed to the several 
counties according to their scholastic population and applied in such 
manner as may be provided by law. — Tex. (1875), Art. 7 (Amdt. 1891). 

Sec. 6. All lands heretofore or hereafter granted to the several coun- 
ties of this state for educational purposes, are of right the property of 
said counties respectively to which they were granted, and title thereto 
is vested in said counties, and no adverse possession or limitation shall 
ever be available against the title of any county. Each county may sell 
or dispose of its lands in whole or in part, in manner to be provided by the 
commissioners' court of the county. Actual settlers residing on said 
lands shall be protected in the prior right of purchasing the same to the 
extent of their settlement, not to exceed one hundred and sixty acres, at 
the price fixed by said court, which price shall not include the value of 
existing improvements made thereon by such settlers. Said lands, and 
the proceeds thereof, when sold, shall be held by said counties alone as a 



14 

trust for the benefit of public schools therein ; said proceeds to be invested 
in bonds of the United States, the state of Texas, or counties in said 
state, or in such other securities, and under such restrictions as may 
be prescribed by law ; and the counties shall be responsible for all invest- 
ments ; the interest thereon, and other revenue, except the principal, shall 
be available fund.— Tex. (1875), Art. 7 (Arndt. 1883). 

s Sec. 3. The proceeds of all lands that have been, or may be granted 
by the United States to this state, for the support of the common schools ; 
the proceeds of all property that may accrue to the state by escheat or 
forfeiture; all unclaimed shares and dividends of any corporation incor- 
porated under the laws of this state; the proceeds of the sale of timber, 
minerals or other property from school and state lands, other than those 
granted for specific purposes ; and the five per centum of the net proceeds 
of the sales of public lands lying within the state, which shall be sold by 
the United States, subsequent to the admission of the state into the 
union, shall be and remain a perpetual fund, to be called the state school 
fund, the interest of which only, together with such other means as the 
legislature may provide, shall be distributed among the several school 
districts according to the school population residing therein. — Utah 
(1896), Art. 10. 

Sec. 5. The proceeds of the sale of lands reserved by an act of con- 
gress, approved February 21st, 1855, for the establishment of the Uni- 
versity of Utah, and of all the lands granted by an act of congress, ap- 
proved July 16th, 1894, shall constitute permanent funds, to the safety 
invested and held by the state ; and the income thereof shall be used 
exclusively for the support and maintenance of the different institutions 
and colleges, respectively, in accordance with the requirements and con- 
ditions of said acts of congress. — Utah (1896), Art. 10. 

Sec. 134. The general assembly shall set apart as a permanent and 
perpetual literary fund, the present literary fund of the state; the pro- 
ceeds of all public lands donated by congress for public free school pur- 
poses; or all escheated property; of all waste and unappropriated lands; 
of all property accruing to the state by forfeiture, and all fines collected 
for offences committed against the state, and such other sums as the 
general assembly may appropriate. — Va. (1902), Art. 9. 

Sec. 135. The general assembly shall apply the annual interest on the 
literary fund ; that portion of the capitation tax provided for in the con- 
stitution to be paid into the state treasury, and not returnable to the 
counties and cities; and an annual tax on property of not less than one 
nor more than five mills on the dollar to the schools of the primary and 
grammar grades, for the equal benefit of all the people of the state, 
to be apportioned on a basis of school population ; the number of chil- 
dren between the ages of seven and twenty years in each school district 
to be the basis of such apportionment; but if at any time the several 
kinds or classes of property shall be segregated for the purposes of tax- 
ation, so as to specify and determine upon what subjects state taxes and 
upon what subjects local taxes may be levied, then the general assembly 
may otherwise provide for a fixed appropriation of state revenue to the 



15 

support of the schools not less than provided in this section. — Va. (1902), 
Art. 9. 

Sec. 3. The principal of the common school fund shall remain per- 
manent and irreducible. The said fund shall be derived from the 
following named sources, to-wit : Appropriations and donations by the 
state to this fund ; donations and bequests by individuals to the state 
or public or common schools; the proceeds of lands and other property 
which revert to the state by escheat and forfeiture; the proceeds of all 
property granted to the state when the purpose of the grant is not 
specified, or is uncertain ; funds accumulated in the treasury of the 
slate for the disbursement of which provision has not been made by law; 
the proceeds of the sale of timber, stone, minerals and other property 
from school and state lands, other than those granted for specific pur- 
poses; all moneys received from persons appropriating timber, stone, 
minerals or other property from school and state lands other than those 
granted for specific purposes, and all moneys other than rental recov- 
ered from persons trespassing on said lands; five percentum of the 
proceeds of the sale of public lands lying within the state, which shall 
be sold by the United States subsequent to the admission of the state 
into the union as approved by section 13 of the act of congress enabling 
the admission of the state into the union; the principal of all funds 
arising from the sale of lands and other property which have been and 
hereafter may be, granted to the state for the support of common 
schools. The legislature may make further provisions for enlarging 
said fund. The interest accruing on said fund, together with all rentals 
and other revenues derived therefrom, and from lands and other property 
devoted to the common school fund, shall be exclusively applied to the 
current use of the common schools. — ^Yasll. (1889), Art- 9. 

Sec. 4. [This section is modified by the Irreducible School Fund 
Amendment.] The existing permanent and invested school fund, and all 
money accruing to the state from forfeited, delinquent, waste and unap- 
propriated lands ; and from lauds heretofore sold for taxes and pur- 
chased by the state of Virginia, if hereafter redeemed or sold to others 
than this state ; all grants, devises or bequests that may be made to this 
state, for the jmrposes of education or where the purposes of such 
grants, devises or bequests are not specified; this state's share of the 
literary fund of Virginia, whether paid over or otherwise liquidated; and 
any sums of money, stocks or property which this state shall have the 
right to claim from the state of Virginia for educational purposes ; 
the proceeds of the estates of persons who may die without leaving a will 
or heir, and of all escheated lands ; the proceeds of any taxes that may 
be levied on the revenues of any corporation ; all moneys that may be 
paid as an equivalent for exemption from military duty; and such sums 
as may from time to time be appropriated by the legislature for the 
purpose, si) all be set apart as a separate fund to be called the "School 
Fund," and invested under such regulations as may be prescribed by law, 
in the interest bearing securities of the United States, or of this state, 
or if such interest bearing securities cannot be obtained, then said 
"School Fund'' shall be invested in such other solvent, interest bearing 
securities as shall be approved by the governor, superintendent of free 



16 

schools, auditor and treasurer, who are hereby constituted the "Board of 
the School Fund," to manage the same under such regulations as may 
be prescribed by law; and the interest thereof shall be annually applied 
to the support of free schools throughout the state, and to no other 
purpose whatever. But any portion of said interest remaining unex- 
pended at the lose of a fiscal year shall be added to and remain a part 
of the capital of the "School Fund" : Provided, That all taxes which 
shall be received by the state upon delinquent lands, except the taxes 
due to the state thereon, shall be refunded to the county or district by 
or for which the same were levied. — W. Va. (1872), Art. 12. 



THE IRREDUCIBLE SCHOOL FUND AMENDMENT: 

The accumulation of the school fund provided for in section four of 
article twelve, of the constitution of this state, shall cease upon the 
adoption of this amendment, and all money to the credit of said fund 
over one million of dollars, together with the interest on said fund, shall 
be used for the support of the free schools of the state. All money and 
taxes heretofore payable into the treasury under the provision of the 
said section four, to the credit of the school fund, shall be hereafter paid 
into the treasury to the credit of the general school fund for the sup- 
port of the free schools of the state.— W. Va. (1872), Art. 12. {Amdt. 
1902.) 

Sec. 5. The legislature shall provide for the support of free schools 
by appropriating thereto the interest of the invested "School Fund," the 
net proceeds of all forfeitures and fines accruing to this state under the 
laws thereof; the state capitation tax, and by general taxation of per- 
sons and property or otherwise. It shall also provide for raising in 
each county or district, by the authority of the people thereof, such a 
proportion of the amount required for the support of free schools therein 
as shall be prescribed by general laws. — W. Va. (1872), Art. 12. 

Sec. 2. The proceeds of all lands, that have been or hereafter may 
be granted by the United States to this state for educational purposes 
(except the lands heretofore granted for the purposes of a university), 
and all moneys, and the clear proceeds of all property that may accrue 
to the state by forfeiture or escheat, and all moneys which may be paid 
as an equivalent for exemption from military duty; and the clear pro- 
ceeds of all fines collected, in the several counties for any breach of the 
penal laws, and all moneys arising from any grant to the state where 
the purposes of such grant are not specified, and the five hundred thou- 
sand acres of land, to which the state is entitled by the provisions of 
an act of congress entitled "An act to appropriate the proceeds of the 
sales of the public lands, and to grant pre-emption rights," approved the 
fourth day of September, one thousand eight hundred and forty-one; 
and also the five per-centum of the net proceeds of the public lands to 
which the state shall become entitled on her admission into the union 
(if congress shall consent to such appropriation of the two grants last 
mentioned) shall be set apart as a separate fund, to be called the 
"School Fund," the interest of which and all other revenues derived from 



17 

the school lands, shall be exclusively applied to the following objects, to- 
wit : 

First — To the support and maintenance of common schools, in each 
school district, and the purchase of suitable libraries and apparatus 
therefor. 

Second — The residue shall be appropriated to the support and main- 
tenance of academies and normal schools, and suitable libraries and 
apparatus therefor. — Wis. (1848), Art. 10. 

Sec. 2. The following are declared to be perpetual funds for school 
purposes, of which the annual income only can be appropriated, to-wit : 
Such per centum as has been or may hereafter be granted by congress on 
the sale of lands in this state; all moneys arising from the sale or lease 
of sections number sixteen and thirty-six in each township in the state, 
and the lands selected or that may be selected in lieu thereof; the pro- 
ceeds of all lands that have been or may hereafter be granted to this 
state, where by the terms and conditions of the grant, the same are not 
to be otherwise appropriated; the net proceeds of lands and other pro- 
perty and effects that may come to the state by escheat or forfeiture, or 
from unclaimed dividends or distributive shares of the estates of deceased 
persons ; all moneys, stocks, bonds, lands and other property now belong- 
ing to the common school fund. — Wyo. (1889), Art. 7. 

Sec. 3. To the sources of revenue above mentioned shall be added 
all other grants, gifts and devises that have been or may hereafter be 
made to this state and not otherwise appropriated by the terms of the 
grant, gift or devise. — Wyo. (1889), Art. 7. 

Sec. 6. If any portion of the interest or income of the perpetual 
school fund be not expended during any year, said portion shall be added 
to and become a part of the said school fund. — Wyo. (1889), Art. 18. 



ESCHEATED LANDS. 

(145) Sec. 3. All lands the titles to which shall fail from a defect 
of heirs, shall escheat to the state, and the interest on the clear proceeds 
from the sales thereof shall be appropriated exclusively to the support 
of primary schools. — Mich. (1850), Art. 13. 

Sec. 258. All lands or other property given by individuals, or appro- 
priated by the state for educational purposes, and all estates of deceased 
persons who die without leaving a will or heir shall be faithfully applied 
to the maintenance of the public schools. — Ala. (1901), Art. 14. 

Sec. 5. The public school fund of the state shall consist of the pro- 
ceeds of such lands as have heretofore been, or may hereafter be, granted 
to the state by the general government for educational purposes; all 
estates that may escheat to the state; also all other grants, gifts or 
devices that may be made to this state for educational purposes. — Colo. 
(1876), Art. 9. 

3— Edu. 



18 

Sec. 10. The people of this state, in their right, of sovereignty, are 
deemed to possess the original and ultimate property in and to all lands 
within the jurisdiction of the state; and all lands the title to which shall 
fail, from a defect of heirs, shall revert, or escheat to the peonle. — N. Y. 
(1894), Art. 1. 

Sec. 7. The general assembly shall provide that the benefits of the uni- 
versity, as far as practicable, be extended to the youth of the state free 
of expense for tuition; also that all the property which has heretofore 
accrued to the state or shall hereafter accrue from escheats, unclaimed 
dividends or distributive shares of the estates of deceased persons, shall 
be appropriated to the use of the university. — X. C. (1875), Art. 9. 

Sec. 11. All gifts to the state where the purpose is not designated, all 
escheated property, the net assets or funds of all estates or copartnerships 
in the hands of the courts of the state where there have been no claimants 
for the same within the last seventy years, and other money coming into 
the treasury of the state by reason of the twelfth section of an act entitled 
"An act to provide a mode of distribution of the moneys as direct tax 
from the citizens of this state by the United States in trust to the state of 
South Carolina," approved the twenty-fourth day of December, in the 
year eighteen hundred and ninety-one, together with such other means 
as the general assembly may provide, shall be securely invested as the 
state school fund, and the annual income thereof shall be apportioned 
by the general assemblv for the purpose of maintaining the public 
schools.— £. C. (1895), Art. 11. 

Sec. 3. The people of the state are declared to possess the ultimate 
property in and to all lands within the jurisdiction of the state ; and all 
lands the title to which shall fall from defect of heirs shall revert or 
escheat to the people. — S. C. (1895), Art. 14. 

Sec. 3. The people of the state, in their right of sovereignty, are 
declared to possess the ultimate property, in and to all lands within the 
jurisdiction of the state; and all lands the title to which shall fall from 
a defect of heirs, shall revert or escheat to the people. — Wis. (1848), 
Art. 9. 

TAXATION FOR SCHOOL PURPOSES. 

Sec. 269. The several counties in this state shall have power to levy 
and collect a special tax not exceeding ten cents on each one hundred 
dollars of taxable property in such counties, for the support of public 
schools: Provided, That the rate of such tax, the time it is to continue, 
and the purpose thereof, shall have been first submitted to a vote of the 
qualified electors of the county, and voted for by three-fifths of those 
voting at such election ; but the rate of such special tax shall not increase 
the rate of taxation, state and county combined, in any one year, to more 
than one dollar and twenty -five cents on each one hundred dollars of 
taxable property ; excluding, however, all special county taxes for public 
buildings, roads, bridges and the payment of debts existing at the ratifi- 
cation of the constitution of eighteen hundred and seventy-five. The 



19 

funds arising from such special school tax shall be so apportioned and paid 
through the proper school officials to the several schools in the townships 
and districts in the county that the school terms of the respective schools 
shall be extended by such supplement as nearly the same length of time 
as practicable: Provided, That this section shall not apply to the cities 
of Decatur, New Decatur and Cullman. — Ala. (1901), Art. 14. 

Sec. 3. The general assembly shall provide by general laws for the 
support of common schools by taxes, which shall never exceed in any one 
year two mills on the dollar on the taxable property of the state, and by 
an annual per capita tax of one dollar, to be assessed on every male in- 
habitant of this state over the age of twenty-one years: Provided, The 
general assembly may by general law authorized school districts to levy 
by a vote of the qualified electors of such district a tax not to exceed five 
mills on the dollar in any one year for school purposes : Provided, fur- 
ther. That no such tax shall be appropriated to any other purpose nor to 
anv other district than that for which it was levied. — Ark. (1874), Art. 
U. 

Sec. 7. No debt by loan in any form shall be contracted by any school 
district for the purpose of erecting and furnishing school buildings, or 
purchasing grounds, unless the proposition to create such debt shall first 
be submitted to such qualified electors of the district as shall have paid a 
school tax therein in the year next preceding such election, and a majority 
of those voting thereon shall vote in favor of incurring such debt. — Colo. 
(1876), Art. 9. 

Sec. 2. In addition to the income of the investments of the public 
school fund, the general assembly shall make provision for the annual 
payment of not less than one hundred thousand dollars for the benefit 
of the free public schools which, with the income of the investments of 
the public school fund, shall be equitably apportioned among the school 
districts of the state as the general assembly shall provide; and the 
money so apportioned shall be used exclusively for the payment of teach- 
ers' salaries and for furnishing free text books: Provided, however, That 
in such apportionment, no distinction shall be made on account of race or 
color, and separate schools for white and colored children shall be main- 
tained. All other expenses connected with the maintenance of free public 
schools, and all expenses connected with the erection or repair of free 
public school buildings shall be defrayed in such manner as shall be 
provided by law. — Del (1897), Art. 10\ 

Sec. 6. A special tax of one mill on the dollar of all taxable property 
in the state, in addition to the other means provided, shall be levied and 
apportioned annuallv for the support and maintenance of public free 
schools.— Fla. (1885), Art. 12. 

Sec. 8. Each county shall be required to assess and collect annually 
for the support of public free schools therein, a tax of not less than three 
mills nor more than five mills on the dollar of all taxable propertv in the 
same.— Fla. (1885), Art. 12. 



20 

Sec. 4. Authority may be granted to counties, upon the recommenda- 
tion of two grand juries, and to municipal corporations upon the recom- 
mendation of the corporate authority, to establish and maintain public- 
schools in their respective limits, by local taxation ; but no such local laws 
shall take effect until the same shall have been submitted to a vote of the 
qualified voters in each county or municipal corporation, and approved 
by a two-thirds vote of persons qualified to vote at such election ; and the 
general assembly may prescribe who shall vote on such question. — Oct. 
(1877), Art. 8. ' 

Sec. 3. The poll tax, any educational fund now belonging to the state 
(except the endowment of, and debts due to, the University of Georgia), 
a special tax on shows and exhibitions, and of the sale of spirituous and 
malt liquors, which the general assembly is hereby authorized to assess, 
and the proceeds of any commutation tax for military service, and all 
taxes that may be assessed on such domestic animals as, from their 
nature and habits, are destructive to other property, are hereby set apart 
and devoted for the support of common schools. — Get. (1877), Art. 8. 

Art. 252. The funds derived from the collection of the poll tax shall 
be applied exclusively to the maintenance of the public schools as organ- 
ized under this constitution, and shall be applied exclusively to the sup- 
port of the public schools in the parish in which the same shall be 
collected, and shall be accounted for and paid by the collecting officer 
directly to the treasurer of the local school board. — Let. (1898), Art. 252. 

Sec. 206. There shall be a county common school fund, which shall 
consist of the poll tax, to be retained in the counties where the same 
is collected, and a state common school fund, to be taken from the 
general fund in the state treasury, which together shall be sufficient to 
maintain the common schools for the term of four months in each 
scholastic year. But any county or separate school district may levy 
an additional tax to maintain its schools for a longer time than the term 
of four months. The state common school fund shall be distributed 
among the several counties and separate school districts in proportion 
to the number of educable children in each, to be determined from data 
collected through the office of the state superintendent of education in 
the manner to be prescribed by law. — Miss. (1890), Art. 8. 

Sec. 6. The legislature shall provide a special tax, which shall not 
exceed two mills on the dollar of all taxable property in the state, in 
addition to the other means provided for the support and maintenance 
of said university and common schools. — Nev. (1864), Art. 11 (Amrit. 

1889). 

Sec. 6. The existing county boards of commissioners of the several 
counties, or such officer or officers as may hereafter be vested with the 
same or similar poAvers and duties, shall levy an annual tax of three mills 
on the dollar upon all the taxable property in their respective counties, 
which tax shall be collected at the same time and by the same officers 
as the other taxes for the same year, and shall be held in the county 
treasury of the respective counties; and the said fund shall be appor- 



21 

tioned among the school districts of the county in proportion to the 
number of pupils enrolled in the public schools of the respective districts, 
and the officer or officers charged by law Avith making said apportion- 
ment shall notify the trustees of the respective school districts thereof, 
who shall expend and disburse the same as the general assembly may 
prescribe. The general assembly shall define "enrollment." Not less 
than three trustees for each school district shall be selected from the 
qualified voters and taxpayers therein, in such manner and for such 
terms as the general assembly may determine, except in cases of special 
school districts now existing, where the provisions of law now governing 
the same shall remain unchanged by the general assembly : Provided, 
The manner of the selection of said trustees need not be uniform 
throughout the state. There shall be assessed on all taxable polls in 
the state between the ages of twenty-one and sixty years (excepting 
Confederate soldiers above the age of fifty years), an annual tax of one 
dollar on each poll, the proceeds of which tax shall be expended for 
school purposes in the several school districts in which it is collected. 
Whenever during the three next ensuing fiscal years the tax levied by 
the said county boards of commissioners or similar officers and the 
poll tax shall not yield an amount equal to three dollars per capita of 
the number of children enrolled in the public schools of each county 
for the scholastic year ending the thirty-first day of October in the 
year eighteen hundred and ninety-five, as it appears in the report of the 
state superintendent of education for said scholastic year, the comp- 
troller-general shall, for the aforesaid three next ensuing fiscal years, 
on the first day of each of said years, levy such an annual tax on the 
Taxable property of the state as he may determine to be necessary to 
make up such deficiency, to be collected as other state taxes, and ap- 
portion the same among the counties of the state in proportion to the 
respective deficiencies therein. The sum so apportioned shall be paid 
by the state treasurer to the county treasurers of the respective counties, 
in proportion to the respective deficiencies therein, on the warrant of 
the comptroller-general, and shall be apportioned among the school 
districts of the counties, and disbursed as other school funds ; and from 
and after the thirty-first day of December, in the year eighteen hundred 
and ninety-eight, the general assembly shall cause to be levied annually 
on all the taxable property of the state such a tax, in addition to the said 
tax levied by the said county boards of commissioners or similar offi- 
cers, and poll tax above provided, as may be necessary to keep the 
schools open throughout the state for such length of time in each 
scholastic year as the general assembly may prescribe ; and said tax 
shall be apportioned among the counties in proportion to the deficiences 
therein and disbursed as other school funds. Any school district may 
by the authority of the general assembly levy an additional tax for the 
support of its schools. — 8. G. (1895), Art. 11. 

Sec. 12. All the net income to be derived by the state from the sale 
or licence for the sale of spirituous, malt, vinous and intoxicating 
liquors and beverages, not including so much thereof as is now or may 
hereafter be allowed by law to go to the counties and municipal corpora- 
tions of the state, shall be applied annually in aid of the supplementary 
taxes provided for in the sixth section of this article [for the support 



22 

of schools] ; and if after said application there should be a surplus, it 
shall be devoted to public school purposes, and apportioned as the 
general assembly may determine: Provided, however, That the said sup- 
plementary taxes shall only be levied when the net income aforesaid from 
the sale or license for the sale of alcoholic liquors or beverages are not 
sufficient to meet and equalize the deficiences for which the said sup- 
plementary taxes are provided. — S. C. (1895), Art. 11. 

Sec. 15. The legislature shall make such provision by general taxa- 
tion, and by authorizing the school corporations to levy such additional 
taxes as with the income from the permanent school fund shall secure a 
thorough and efficient svstem of common schools throughout the state. 

—S. D. (1889), Art. 8. ' 

Sec. 3. One-fourth of the revenue derived from the state occupation 
taxes, and a poll tax of one dollar on every male inhabitant of this state 
between the ages of twenty-one and sixty years, shall be set apart an- 
nually for the benefit of the public free schools, and, in addition thereto, 
there shall be levied and collected an annual ad valorem state tax of such 
an amount, not to exceed twenty cents on the one hundred dollars valu- 
ation, as, with the available school fund arising from all other sources, 
will be sufficient to maintain and support the public free schools of this 
state for a period of not less than six months in each year; and the 
legislature may also provide for the formation of school districts with- 
in all or any of the counties of this state, by general or special law, 
without the local notice required in other cases of special legislation, 
and may authorize an additional ad valorem tax to be levied and col- 
lected within such school districts for the further maintenance of pub- 
lic free schools and the erection of school buildings therein : Provided, 
That two-thirds of the qualified property tax-paying voters of the dis- 
trict, voting at an election to be held for that purpose, shall vote such 
tax, not to exceed in any one year twenty cents on the one hundred dol- 
lars valuation of the property subject to taxation in such district, but 
the limitation upon the amount of district tax herein authorized shall not 
apply to incorporated cities or towns constituting separate and inde- 
pendent school district.— Tex. (1875), Art. 7 (Amdi. 1883). 

Sec. 136. Each county, city, town, if the same be a separate school 
district, and school district is authorized to raise additional sums by a 
tax on property, not to exceed in the aggregate five mills on the dollar 
in any one year, to be apportioned and expended by the local school 
authorities of said counties, cities, towns and districts in establishing 
and maintaining such schools as in their judgment the public welfare 
may require : Provided, That such primary schools as may be estab- 
lished in any school year, shall be maintained at least four months of 
that school year, before any part of the fund assessed and collected may 
be devoted to the establishment of schools of higher grade. The 
boards of supervisors of the several counties, and the councils of the 
several cities, and toAvns if the same be separate school districts, shall 
provide for the levy and collection of such local school taxes. — Va. 
(1902), Art. 9. 



23 

Sec. 2. The legislature shall levy an annual capitation tax of one dol- 
lar upon each male inhabitant of ^he state who has attained the age of 
twenty-one years, which shall be annually appropriated to the sup- 
port of free schools. Persons afflicted with bodily infirmity may be ex- 
empted from this tax.— W. Va. (1872), Art. 10. 

Sec. 7. All levies that may be laid by any county or district for the 
purpose of free schools shall be reported to the clerk of the county court ; 
and shall, under such regulation as may be prescribed by law, be col- 
lected by the sheriff or other collector, who shall make annual settlement 
with the county court; which settlement shall be made a matter of 
record bv the clerk thereof, in a book to be kept for that purpose. — W. 
Va. (1872), Art. 12, 

Sec. 4. Each town and city shall be required to raise, by tax, annu- 
ally, for the support of common schools therein, a sum not less than one 
half the amount received by such town or city respectively for school 
purposes from the income of the school fund. — Wis. (1848), Art. 10. 



SCHOOL FUNDS INVIOLATE. 

Sec. 261. Not more than four per cent of all moneys raised, or which 
may hereafter be appropriated for the support of public schools, shall be 
used or expended otherwise than for the payment of teachers employed 
in such schools: Prodded, That the legislature may, by a vote of two- 
thirds of each house, suspend the operation of this section. — Ala. (1901), 
Art. 14. 

Sec. 2. No money or property belonging to the public school fund, or to 
this state for the benefit of schools or universities, shall ever be used for 
any other than for the respective purposes to which it belongs. — ArJc. 
(1874), Art. 14. 

Sec. 3. The public school fund of the state shall forever remain 
inviolate and intact; the interest thereon only shall be expended in the 
may be prescribed by law. No part of this fund, principal or interest, 
maintenance of the schools of the state, and shall be distributed amongst 
the several counties and school districts of the state, in such manner as 
shall ever be transferred to any other fund, or used or appropriated 
except as herein provided. The state treasurer shall be the custodian of 
this fund, and the same shall be securely and profitably invested as may 
be by law directed. The state shall supply all losses thereof that may in 
any manner occur. — Colo. (1876), Art. 9. 

Sec. 4. No part of the principal or income of the public school fund, 
now or hereafter existing, shall be used for any other purpose than the 
support of free public schools. — Del. (1897), Art. 9. 

Sec. 5. The principal of the state school fund shall remain sacred and 
inviolate.— Fla. (1885), Art. 12. 



24 

Sec. 3. The public school fund of the state shall forever remain 
inviolate and intact; the interest thereon only shall be expended in the 
maintenance of the schools of the state, and shall be distributed among 
the several counties and school districts of the state in such manner 
as may be prescribed by law. No part of this fund, principal and inter- 
est, shall ever be transferred to any other fund, or used or appropriated 
except as herein provided. The state treasurer shall be the custodian 
of this fund, and the same shall be securely and profitably invested 
as may be by law directed. The state shall supply all losses thereof 
that may in any manner occur. — Idaho (1889), Art. 9. 

Sec. 2. All lands, moneys or other property, donated, granted or 
received for school, college, seminary or university purposes, and the 
proceeds thereof, shall be faithfully applied to the objects for which such 
gifts or grants were made. — III. (1870), Art. 8. 

Sec. 3. The principal of the common school fund shall remain a 
perpetual fund, which may be increased, but shall never be diminished; 
and the income thereof shall be inviolably appropriated to the support of 
common schools, and to no other purpose whatever. — lad. (1851), Art. 8. 

Sec. 7. All trust funds held by the state shall remain inviolate, and 
be faithfully and exclusively applied to the purposes for which the trust 
was created. — Ind. (1851), Art. 8. 

Sec. 3. The school fund of the state shall be kept inviolate, and appro- 
priated only to the purposes of education. — Md. (1867), Art. 8. 

Art. 18. All moneys raised by taxation in the towns and cities for the 
support of public schools, and all moneys which may be appropriated by 
the state for the support of common schools, shall be applied to, and 
expended in, no other schools than those which are conducted according 
to law, under the order and superintendence of the authorities of the 
town or city in which the money is to be expended; and such moneys 
shall never be appropriated to any religious sect for the maintenance, 
exclusively, of its own school. — Mass. (1780), Art. 18 (Amdt. 1855). 

Sec. 3. Such public school fund shall forever remain inviolate, guar- 
anteed by the state against loss or diversion, to be invested, so far as 
possible, in public securities within the state, including school dictrict 
bonds, issued for the erection of school buildings, under the restrictions 
to be provided by law. — Mont. (1889), Art. 11. 

Sec. 2. All lands, money, or other property granted, or bequeathed, or 
in any manner conveyed to this state for educational purposes, shall be 
used and expended in accordance with the terms of such grant, bequest, 
or conveyance. — Neb. (1875), Art. 8. 

Sec. 4. All other grants, gifts and devises, that have been or may 
hereafter be made, to this state, and not otherwise appropriated by the 
terms of the grant, gift, devise, the interest arising from all the funds 
mentioned in the preceding section, together with all the rents of the 
unsold school lands, and such other means as the legislature may pro- 



25 

vide, shall be exclusively applied to the support aud maintenance of 
common schools in each school district in the state. — Neb. (1875), Art. 8. 

Sec. 9. All funds belonging' to the state for educational purposes, the 
interest and income whereof only are to be used, shall be deemed trust 
funds held by the state, and the state shall supply all losses thereof, that 
may in any manner accrue, so that the same shall remain forever inviolate 
and undiminished. And shall not be invested or loaned except on 
United States or state securities, or registered county bonds of this state ; 
and such funds, with the interest and income thereof ,are hereby solemnly 
pledged for the purpose for which they are granted and set apart, and 
shall not be transferred to anv other fund for other uses. — Neb. (1875), 
Art. 8. 

6. The fund for the support of free schools, and all money, stock and 
other property which may hereafter be appropriated for that purpose, 
or received into the treasury under the provision of any law heretofore 
passed to augment the said fund, shall be securely invested and remain 
a perpetual fund; and the income thereof > except so much as it may be 
judged expedient to apply to an increase of the capital, shall be annually 
appropriated to the support of public free schools, for the equal benefit 
of all the people of the state ; and it shall not be competent for the legis- 
lature to borrow, appropriate or use the said fund, or any part thereof, 
for any other purpose, under any pretense whatever. The legislature 
shall provide for the maintenance and support of a thorough and efficient 
system of free public schools for the instruction of all the children in this 
state between the ages of five and eighteen years. — N. J. (1844), Art 4, 
Sec. 7, CI. 6. 

Sec. 3. All donations for the support of public schools, or for other 
purposes of education, which may be received by the general assembly, 
shall be applied according to the terms prescribed by the donors. — R. I. 
(1842), Art. 12. 

Sec. 4. The general assembly shall make all necessary provisions by 
law for carrying this article into effect. They shall not divert said 
money or fund from the aforesaid uses, nor borrow, appropriate, or use 
the same, or anv part thereof, for anv other purpose, under anv pretense 
whatsoever.— R. I. (1842), Art. 12. 

Sec. 10. All gifts of every kind for educational purposes, if accepted 
by the general assembly, shall be applied and used for the purpose desig- 
nated by the giver, unless the same be in conflict with the provisions of 
this constitution.— #. C. (1895), Art. 11. 

Sec. 7. The legislature shall not have power to borrow, or in any 
manner divert from its purpose, any special fund that may, or ought to, 
come into the treasury ; and shall make it penal for any person or persons 
to borrow, withhold, or in any manner to divert from its purpose, any 
special fund, or any part thereof. — Tex. (1875), Art. 8. 

Sec. 7. The income arising from the funds mentioned in the preceding 
4— Edu. 



26 

section, together with all the rents of the unsold school lands and such 
other means as the legislature may provide, shall be exclusively applied to 
the support of free schools in every county in the state. — Wyo. (1889), 

Art. 7.. 

SECURITY FOR SAFEKEEPING OF FUNDS. 

Sec. 11. The general assembly is not prohibited from investing the 
trust funds in a bank with branches; but in case of such investment, the 
safetv of the same shall be guaranteed by unquestionable securitv. — Incl. 
(185i), Art. 11. 

Sec. 12. Suitable laws shall be passed by the legislature for the safe- 
keeping, transfer and disbursements of the state and school funds; and 
all officers and other persons charged with the same or any part of the 
same, or the safe keeping thereof, shall be required to give ample secur- 
ity for all moneys and funds of any kind received by them ; to make 
forthwith and keep an accurate entry of each sum received, and of each 
payment and transfer ; and if any of said officers or other persons shall 
convert to his own use in any manner or form, or shall loan, with or 
without interest, or shall deposit in his own name, or otherwise than in 
the name of the state of Minnesota ; or shall deposit in banks or with 
any person or persons, or exchange for other funds or property, any 
portion of the funds of the state or of the school funds aforesaid, except 
in the manner prescribed by law, every such act shall be and constitute 
an embezzlement of so much of the aforesaid state and school funds, 
or either of the same, as shall thus be taken, or loaned, or deposited or 
exchanged, and shall be a felony; and any failure to pay over, produce 
or account for the state school funds, or any part of the same entrusted 
to such officer or persons as by law required on demand, shall be held 
and taken to be prima facie evidence of such embezzlement. — Minn. 
(1857), Art. 9 (Amclt. 1873). 

Sec. 165. The legislative assembly shall pass suitable laws for the 
safe keeping, transfer and disbursement of the state school funds; and 
shall require all officers charged with the same or the safe keeping thereof 
to give ample bonds for all moneys and funds received by them, and if 
any of said officers shall convert to his own use in any manner or form, 
or shall loan with or without interest, or shall deposit in his own name, 
or otherwise than in the name of the state of North Dakota, or shall 
deposit in any banks or with any person or persons, or exchange for 
other funds of property, any portion of the school funds aforesaid, or 
purposely allow any portion of the same to remain in his own hands 
uninvested, except in the manner prescribed by law, every such act shall 
constitute an embezzlement of so much of the aforesaid school funds as 
shall be thus taken or loaned, or deposited, or exchanged, or withheld, 
and shall be a felony ; and any failure to pay over, produce or account 
for, the state school funds, or any part of the same, entrusted to any 
such officer, as by law required or demanded, shall be held and be taken 
to be prima facie evidence of such embezzlement. — N. Dak. (1889), Art. 9. 



27 

OBLIGATION OF STATE TO EDUCATIONAL FUNDS. 

Sec. 3. All losses to the permanent school, or university fund of this 
state, which shall have been occasioned by the defalcation, mismanage- 
ment, or fraud of the agents or officers controlling and managing the 
same, shall be audited by the proper authorities of the state. The 
amount so audited shall be a permanent funded debt against the state, in 
favor of the respective fund sustaining the loss, upon which not less 
Than C> per cent annual interest shall be paid. The amount of liability 
so created shall not be counted as a part of the indebtedness authorized 
by the second section of this article. — Iowa (1857), Art. 7. 

Art. 257. The debt due by the state to the free school fund is hereby 
declared to be the sum of one million one hundred and thirty thousand 
eight hundred and sixty-seven dollars and fifty-one cents in principal, 
and shall be kept on the books of the auditor and treasurer to the credit 
of the several township entitled to the same; the said principal being 
the proceeds of the sales of lands heretofore granted by the United 
States for the use and support of free public schools, which amount 
shall be held by the state as a loan, and shall be and remain a perpetual 
fund, on which the state shall pay an annual interest of four per cent, 
and that said interest shall be paid to the several townships in the state 
entitled to the same, in accordance with the act of congress. No. 68, ap- 
proved February loth, 1843.— La. (1898), Art. 257. 

Sec. 2G. [22.] All certificates of indebtedness of the state to the 
"public school fund" and to the "seminary fund" are hereby confirmed as 
sacred obligations of the state to said funds, and they shall be renewed 
as they mature for such period of time and at such rate of interest as 
may be provided for by law. The general assembly shall have the power 
to provide by law for the issuing certificates to the public school fund 
and seminary fund as the money belonging to said funds accumulates in 
The state treasury: Provided, That after the outstanding bonded indebt- 
edness has been extinguished, all money accumulating in the state treas- 
ury for above named purposes shall be invested in registered county, 
municipal or school district bonds of this state of not less than par 
value. Whenever the state bonded debt is extinguished or a sum suffi- 
cient therefor has been received, there shall be levid and collected in lieu 
of the ten cents on the one hundred dollars valuation now provided for by 
the statutes, an annual tax not to exceed three cents on the one hun- 
dred dollars valuation to pay the accruing interest on all the certificates 
of indebtedness, the proceeds of which tax shall be paid into the state 
treasury and appropriated and paid out for the specific purposes herein 
mentioned.— Mo. (1875), Art, 10 (Amdt. 1902). 

Sec. 7. In case the public school fund now provided and set apart 
by law, for the support of free public schools, shall be insufficient to 
sustain a free school at least four months in every year in each school 
district in this state, the general assembly may provide for such defic- 
iency in accordance with section eleven of the article on revenue and 
taxation; but in no case shall there be set apart less than twenty-five 
per cent of the state revenue, exclusive of the interest and sinking fund. 



28 

to be applied annually to the support of the public schools. — Mo. (1875) , 
Art. 11. 

Sec. 13. All losses to the permanent school or other educational 
funds of this state which shall have been occasioned by the defalcation, 
negligence, mismanagement or fraud of the agents or officers controlling 
and managing the same, shall be audited by the proper authorities of 
the state. The amount so audited shall be a permanent funded debt 
against the state in favor of the fund sustaining the loss upon which not 
less than six per centum of annual interest shall be paid. The amount 
of indebtedness so created shall not be counted as a part of the indebt- 
edness mentioned in article XIII., section 2. — S. D. (1889), Art. 8. 

Sec. 7. All public school funds shall be guaranteed by the state 
against loss' or diversion. — Utah (1896), Art. 10. 

Sec. 5. All losses to the permanent common school or any other state 
educational fund, which shall be occasioned by defalcation, mismanage- 
ment, or fraud of the agents or officers controlling or managing the 
same, shall be audited by the proper authorities of the state. The amount 
so audited shall be a permanent funded debt against the state in favor 
of the particular fund sustaining such loss, upon which not less than 
6 per cent annual interest shall be paid. The amount of liability so 
created shall not be counted as a part of the indebtedness authorized 
and limited elsewhere in this constitution. — Wash. (1889), Art. 9. 



CONTROL, DISPOSITION AND INVESTMENT OP SCHOOL LANDS AND FUNDS. 

Sec. 11. The permanent educational funds, other than funds arising 
from the disposition of university lands belonging to the state, shall be 
loaned on first mortgage on improved farm lands within the state, or on 
state or United Stales bonds, under such regulations as the legislature 
may provide: Provided, That no loan shall be made of any amount of 
money exceeding one-third of the market value of the lands at the time 
of the loan, exclusive of buildings. — Idaho (1889), Art, 9. 

Sec. 4. The general assembly shall invest, in some safe and profitable 
manner, all such portions of the 'common school fund as have not here- 
tofore been entrusted to the several counties; and shall make provisions. 
by law, for the distribution, among the several counties, of the interest 
thereof.— Ind. (1851), Art. 8. 

Sec. 1. The educational and school funds and lands shall be under the 
control and management of the general assembly Of this state. — Iowa 
(1857), Art, 9. 

Sec. 6. The financial agents of the school funds shall be the same 
that, by law, receive and control the state and county revenue, for other- 
civil purposes, under such regulations as may be provided by law. — Iowa 
(1857), Art, 9. 



29 

Sec. 5. The school lands shall not be sold, unless such sale shall be 
authorized by a vote of the people at a general election ; but, subject to 
revaluation every five years, they may be leased for any number of years, 
not exceeding twenty-five, at a rate established by law. — Kan. (1859), 
Art. 6. 

Sec. 9. The state superintendent of public instruction, secretary of 
state and attorney-general shall constitute a board of commissioners, for 
the management and investment of the school funds. Any two of said 
commissioners shall be a quorum. — Kan. (1859), Art. G. 

Sec. 185. The general assembly shall make provision, by law, for the 
payment of the interest of said school fund, and may provide for the 
sale of the stock in the bank of Kentucky ; and in case of a sale of all or 
any part of said stock, the proceeds of sale shall be invested by the sink- 
ing fund commissioners in other good interest-bearing stocks or bonds, 
which shall be subject to sale and reinvestment, from time to time, in 
like manner, and with the same restrictions, as provided with reference 
to the sale of the said stock in the bank of Kentucky. — Ky. (1891), 
Sec. 185. 

Sec. 5. The permanent school funds of the state may be loaned upon 
interest at the rate of five (5) per cent per annum to the several counties 
or school districts of the state, to be used in the erection of county or 
school buildings. No such loan shall be made until approved by a board 
consisting of the governor, the state auditor and the state treasurer, who 
are hereby constituted an investment board for the purpose of the loans 
hereby authorized; nor shall any such loan be for an amount exceeding 
three (3) per cent of the last preceding assessed valuation of the real 
estate of the county or school district receiving the same. The state 
auditor shall annually, at the time of certifying the state tax to the 
several county auditors, also certify to each auditor to whose county, or 
to any of the school districts of whose county, any such loan shall have 
been made, the tax necessary to be levied to meet the accruing interest or 
principal of any such loan, and it shall be the duty of every such county 
auditor forthwith to levy and extend such tax upon all taxable property 
of his county, or of the several school districts, respectively, liable for 
such loans — as the case may be — and in all such cases the tax so 
assessed shall be fifty (50) per cent in excess of the amount actually 
necessary to be raised on account of such accruing principal or interest. 
It shall be levied, collected and paid into the county and state treasuries 
in the same manner as state taxes, and any excess collected over the 
amount of such principal or interest accruing in any given year shall be 
credited to the general funds of the respective counties or school dis- 
tricts. No change of the boundaries of any school district after the 
making of any such loan shall operate to withdraw any property from 
the taxation herein provided for; nor shall any law be passed extending 
the time of payment of any such principal or interest ,or reducing the 
rate of such interest, or in any manner waiving or impairing any rights 
of the state in connection with any such loan. Suitable laws, not incon- 
sistent with this amendment, may be passed by the legislature for the 
purpose of carrving the same into effect. — Minn. (1857), Art. 8 {Amdt. 
1886). 



30 

Sec. 6. The permanent school and university fund of this state may 
be invested in the bonds of any comity, school district, city, town or 
village of this state, but no such investment shall be made until approved 
by the board of commissioners designated by law to regulate the invest- 
ment of the permanent school fund and the permanent university fund 
of this state ; nor shall such loan or investment be made when the bonds 
to be issued or purchased would make the entire bonded indebtedness 
exceed fifteen (15) per cent of the assessed valuation of the taxable real 
property of the county, school district, city, town or village issuing such 
bonds; nor shall such loans or indebtedness be made at a lower rate of 
interest than three (3) per cent per annum, nor for a shorter period than 
five (5) years, nor for a longer period than twenty (20) years, and no 
change of the town, school district, city, village, or of county lines shall 
relieve the real property in such town, school district, county, village or 
city in this state at the time of the issuing of such bonds from any lia- 
bilitv for taxation to pav such bonds. — Minn. (1857), Art. 8 (Amdt. 
1904) . 

Sec. 211. The legislature shall enact such laws as may be necessary to 
ascertain the true condition of the title to the sixteenth section lands in 
this state, or land granted in lieu thereof, in the Choctow purchase, and 
shall provide that the sixteenth section lands reserved for the support 
of township schools shall not be sold, nor shall they be leased for a 
longer term than ten years for a gross sum, but the legislature may pro- 
vide for the lease of any of said lands for a term not exceeding twenty- 
five years for a ground rental, payable annually ; and, in case of un- 
cleared lands, may lease them for such short term as may be deemed 
proper in consideration of the improvement thereof, with right thereafter 
to lease for a term or to hold on pavment of ground rent. — Miss. (1800), 
Art. 8. 

Sec. 212. The rate of interest on the fund known as the "Chickasaw 
school fund," and other trust funds for educational purposes for which 
the state is responsible, shall be fixed, and remain as long as said funds 
are held by the state, at six per centum per annum from and after the 
close of the fiscal year A. D. 1891 ; and the distribution of said interest 
shall be made semi-annuallv, on the first of May and November of each 
year.— Miss. (1890), Art. 8. 

Sec. 10. All county school funds shall be loaned only upon unencum- 
bered real estate security of double the value of the loan, with personal 
security in addition thereto.— J/o. (1875), Art. 11. 

Sec. 9. No part of the public school fund of the state shall ever be 
invested in the stock or bonds or other obligations of any other state, 
or of any county, city, town or corporation ; and the proceeds of the 
sales of any lands or other property which now belong or may hereafter 
belong to said school fund shall be invested in the bonds of the state of 
Missouri, or of the United States.— Mo. (1875), Art. 11. 

Sec. 4. The governor, superintendent of public instruction, secretary 
of state and attorney-general shall constitute the state board of land 
commissioners, which shall have the direction, control, leasing and sale 



31 

of the school lands of the state, and the lands granted or which may here- 
after be granted for the support and benefit of the various state educa- 
tional institutions, under such regulations and restrictions as may be 
prescribed by law.— Mont. (1889), Art. 11. 

Sec. 1. The governor, secretary of state, treasurer, attorney-general, 
and commissioner of public lands and buildings shall, under the direction 
of the legislature, constitute a board of commissioners, for the sale, leas- 
ing and general management of all lands and funds set apart for educa- 
tional purposes, and for the investment of school funds, in such manner 
as may be prescribed by law.— Neb. (1875), Art. 8. 

Sec. 8. University, agricultural college, common school or other 
lands which are now held or may hereafter be acquired by the state for 
educational purposes, shall not be sold for less than seven dollars per 
acre, nor less than the appraised value. — Neb. (1875), Art. 8. 

Sec. 156. The superintendent of public instruction, governor, attorney 
general, secretary of state and state auditor shall constitute a board of 
commissioners, which shall be denominated the "board of university and 
school lands," and subject to the provisions of this article, and any 
law that may be passed by the legislative assembly, said board shall have 
control of the appraisement, sale, rental and disposal of all school and 
university lands, and shall direct the investment of the funds arising 
therefrom in the hands of the state treasurer, under the limitations in 
section 160 of this article.— A 7 . Dak, (1889), Art. 9. 

Sec. 157. The county superintendent of common schools, the chair- 
man of the county board, and the county auditor shall constitute boards 
of appraisal and under the authority of the state board of university 
and school lands shall appraise all school lands within their respective 
counties which they may from time to time recommend for sale at their 
actual value under the prescribed terms, and shall first select and desig- 
nate for sale the most valuable lands.-^Y. Dak. (1889), Art. 9. 

Sec. 161. The legislative assembly shall have authority to provide 
by law for the leasing of lands granted to the state for educational 
and charitable purposes ; but no such law shall authorize the leasing of 
said lands for a longer period than five j^ears. Said lands shall only 
be leased for pasturage and meadow purposes and at a public auction- 
after* notice as heretofore provided in case of sale : Provided, That all 
of said school lands now under cultivation may be leased, at the discre- 
tion and under the control of the board of university and school lands, 
for other than pasturage and meadow purposes until sold. All rents 
shall be paid in advance. — N. Dak. (1889), Art. 9. 

Sec. 162. The moneys of the permanent school fund and other edu- 
cational funds shall be invested only in bonds of school corporations 
within the state, bonds of the United States, bonds of the state of North 
Dakota, or on first mortgages on farm lands in the state, not exceeding 
in amount one-third of the actual value of anv subdivision on which the 



32 

same may be loaned, such value to be determined by the board of ap- 
praisers of school lands.— N. Dak. (1889), Art. 9. 

Sec. 6. The permanent common school and other educational funds 
shall be invested in first mortgages upon good and improved farm lands 
within the state (and in no case shall more than fifty per centum of 
the reasonable valuation of the lands without improvements be loaned 
on any tract), Oklahoma state bonds, county bonds of the counties of 
Oklahoma, school district bonds of the school districts of Oklahoma, 
United States bonds; preference to be given to the securities in the 
order named. 

The legislature shall provide the manner of selecting the securities 
aforesaid, prescribe the rules, regulations, restrictions and conditions 
upon which the funds aforesaid shall be loaned or invested, and do all 
things necessary for the safety of the funds and permanency of the in- 
vestment.— OkU. (1907), Art. 11. 

Sec. 5. The governor, secretary of state, and state treasurer shall con- 
stitute a board of commissioners for the sale of school and university 
lands, and for the investment of the funds arising therefrom, and their 
powers and duties shall be such as may be prescribed by law : Provided, 
That no part of the university funds, or of the interest arising there- 
from, shall be expended until the period of ten years from the adoption 
of this constitution, unless the same shall be otherwise disposed of by 
the consent of congress for common school purposes. — Ore. (1858), Art. 
8. 

Sec. 11. The moneys of the permanent school and other educational 
funds shall be invested only in first mortgages upon good improved farm 
lands within this state, as hereinafter provided, or in bonds of school 
corporations within the state, or in bonds of the United States or of 
the state of South Dakota, or of any organized county, township or 
incorporated city in said state. The legislature shall provide by law 
the method of determining the amount of said funds, which shall be in- 
vested from time to time m such classes of securities respectively, tak- 
ing care to secure continuous investments as far as possible. 

All r/ioneys of said funds which may from time to time be designated 
for investment in farm mortgages and in the bonds of school corpora- 
tions, or in the bonds of organized counties, townships or incorporated 
cities within this state, shall for such purpose be divided among the 
organized counties of the state in proportion to population as nearly 
as provisions by law to secure continuous investments may permit. The 
several counties shall hold and manage the same as trust funds, and 
they shall be and remain responsible and accountable for the principal 
and interest of all such moneys received by them from the date of receipt 
until returned because not loaned; and in case of loss of any money so 
apportioned to any county, such county shall make the same good out 
of its common revenue. Counties shall invest said money in bonds of 
school corporations, counties, toAvnships or cities, or in first mortgages 
upon good improved farm lands within their limits respectively. The 
amount of each loan shall not exceed one-third of the actual value of the 
lands covered by the mortgage given to secure the same, such value to 



33 

be determined by the board of county commissioners of the county in 
which the land is situated, and in no case shall more than five thousand 
dollars ($5,000) be loaned to any one person, firm or corporation, and 
the rate of interest shall not be less than five per cent per annum, and 
shall be such other and higher rate as the legislature may provide, and 
shall be payable semi-annually on the first day of January and July : 
Provided, That whenever there are moneys of said fund in any county 
amounting to one thousand dollars that cannot be loaned according to 
the provisions of this section, and any law pursuant thereto, the said 
sum may be returned to the state treasurer to be entrusted to some other 
county or counties, or otherwise invested under the provisions of this 
section. 

Each county shall semi-annually, on the first day of January and 
July, render an account of the condition of the funds entrusted to it to 
the auditor of the state, and at the same time pay to or account to the 
state treasurer for the interest due on all funds intrusted to it. 

The legislature may provide by general law that counties may retain 
from interest collected in excess of five per centum per annum upon all 
said funds intrusted to them, not to exceed one per centum per annum. 
But no county shall be exempted from the obligation to make semi- 
annual payments to the state treasurer of interest at the rate provided 
by law for such loans, except only said one per centum, and in no case 
shall the interest, so to be paid, be less than five per centum per annum. 

The legislature shall provide by law for the safe investment of the 
permanent school and other educational funds and for the prompt col- 
lection of interest and income thereof, and to carry out the objects and 
provisions of this section. — S. D. (1889), Art. 8. 

Sec. 12. The governor may disapprove any sale, lease or investment 
other than such as are intrusted to the counties. — 8. D. (1889), Art. 8. 

Sec. 14. The legislature shall provide by law for the protection of 
the school lands from trespass or unlawful appropriation, and for their 
defense against all unauthorized claims or efforts to divert them from 
the school fund.— 8. D. (1889), Art. 8. 

Sec. 1. The several counties of the state shall invest the moneys of 
the permanent school and endowment funds in bonds of school corpora- 
tions, state, county and municipal bonds, or in first mortgage upon good 
improved farm lands within their limits, respectively; under such reg- 
ulations as the legislature may provide, but no farm loan shall exceed 
one thousand dollars to anv one person, firm or corporation. — S. D. 
(1889), Art. 28 (Amdt. 1900). 

Sec. 4. After one year from the assembling of the first legislature, 
the lands granted to the state by the United States for the use of public 
schools may be sold upon the following conditions and no other: Not 
more than one-third of all such lands shall be sold within the first five 
years, and no more than two-thirds within the first fifteen years after 
the title thereto is vested in the state, and the legislature shall, subject 
to the provisions of this article, provide for the sale of the same. 

The commissioner of school and public lands, the state auditor and the 
5— Edu. 



34 

county superintendent of schools of the counties severally, shall consti- 
tute boards of appraisal and shall appraise all school lands within the 
several counties which they may from time to time select and designate 
for sale, at their actual value under the terms of sale. 

They shall take care to first select and designate for sale the most 
valuable lands; and they shall ascertain all such lands as may be of 
special and peculiar value, other than agricultural, and cause the proper 
subdivision of the same in order that the largest price mav be obtained 
therefor.— & D. (1889), Art. 8. 

Sec. 5. No land shall be sold for less than the appraised value, and 
in no case for less than ten dollars an acre. The purchaser shall pay 
one-fourth of the price in cash and the remaining three-fourths as fol- 
lows : One-fourth in five years, one-fourth in ten years, and one-fourth 
in fifteen years, with interest thereon at the rate of not less than six 
per centum per annum, payable annually in advance; but all such sub- 
divided lands may be sold for cash, provided that upon payment of the 
interest for one full year in advance, the balance of the purchase price 
may be paid at any time. All sales shall be at public auction to the 
highest Didder, after sixty days' advertisement of the same in a news- 
paper of general circulation in the vicinity of the lands to be sold, and 
one at the seat of government. Such lands as shall not have been 
specially subdivided shall be offered in tracts of not more than eighty 
acres and those so subdivided in the smallest subdivision. All lands des- 
ignated for sale and not sold within four years after appraisal, shall be 
re-appraised bv the board of appraisers as hereinbefore provided before 
they are sold.— 8. D. (1889), Art. 8. 

Sec. 6. All sales shall be conducted through the office of the commis- 
sioner of school and public lands as may be prescribed by law, and 
returns of all appraisals and sales shall be made to said office. No sale 
shall operate to convey any right or title to any lands for sixty days 
after the date thereof, nor until the same shall have received the ap- 
proval of the governor, in such form as may be provided by law. No 
grant or patent for anv such lands shall issue until final pavment be 
made.— 8. D. (1889), Art. 8. 

Sec. 9. No lands mentioned in this article shall be leased except for 
pasturage and meadow purposes and at public auction after notice as 
hereinbefore provided in case of sale, and shall be offered in tracts not 
greater than one section. All rents shall be payable annually in advance, 
and no term of lease shall exceed five years, nor shall any lease be valid 
until it receives the approval of the governor. — 8. D. (1889), Art. 8. 

Sec. 10. No-claim to any public lands by any trespasser thereon by 
reason of occupancy, cultivation or improvement thereof, shall ever be 
recognized; nor shall compensation ever be made on account of any 
improvement made by such trespasser. — 8. D. (1889), Art. 8. 

Sec. 4. The lands herein set apart to the public free school fund shall 
be sold under such regulations, at such times, and on such terms as 
may be prescribed by law; and the legislature shall not have power to 



35 

grant any relief to purchasers thereof. The comptroller shall invest the 
proceeds of such sales, and of those heretofore made, as may be directed 
by the board of education herein provided for, in the bonds of the United 
States, the state of Texas, or counties in said state, or in such other 
securities, and under such restrictions as may be prescribed by law ; and 
the state shall be responsible for all investments. — Tex. (1875), Art. 7 
(Amdt. 1883). 

s 

Sec. 2. None of the lands granted to the state for educational pur- 
poses shall be sold otherwise than at public auction to the highest bidder. 
The value thereof, less the improvements, shall, before the sale, be ap- 
praised by a board of appraisers, to be provided by law, the terms of pay- 
ment also to be prescribed by law, and no sale shall be valid unless the 
sum bid be equal to the appraised value of said land. In estimating the 
value of said lands for disposal, the value of the improvements thereon 
shall be excluded: Provided, That the sale of all school and university 
land heretofore made by the commissioners of any county or the uni- 
versity commissioners, when the purchase price has been paid in good 
faith, may be confirmed by the legislature. — Wash. (1889), Art. 16. 

Sec. 3. Xo more than one-fourth of the land granted to the state for 
educational purposes shall be sold prior to January 1, 1895, and not more 
than one-half prior to January 1, 1905: Provided, That nothing herein 
shall be construed as to prevent the state from selling the timber or 
stone off of any of the state lands in such manner and on such terms as 
may be prescribed by law: And Provided further, That no sale of timber 
lands shall be valid unless the full value of such lands is paid or secured 
to the state.— Wash. (1889), Art. 16. 

Sec. 4. No more than one hundred and sixty (160) acres of any 
granted lands of the state shall be offered for sale in one parcel, and all 
lands within the limits of any incorporated city, or within two miles of 
the boundary of any incorporated city, where the valuation of such lands 
shall be found by appraisement to exceed one hundred dollars (#100) per 
acre, shall, before the same be sold, be platted into lots and blocks of not 
more than five acres in a block, and not more than one block shall be 
offered for sale in one parcel. — Wash. (1889), Art. 16. 

Sec. 5. None of the permanent school fund shall ever be loaned to 
private persons or corporations, but it may be invested in national, state, 
county, or municipal bonds. — Wash. (1889), Art. 16. 

Sec. 7. The secretary of state, treasurer and attorney-general, shall 
constitute a board of commissioners for the sale of the school and uni- 
versity lands, and for the investment of the funds arising therefrom. 
Any two of said commissioners shall be a quorum for the transaction of 
all business pertaining to the duties of their office. — Wis. (1818), Art. 10. 

Sec. 8. Provision shall be made by law for the sale of all school and 
university lands, after they shall have been appraised ; and when any 
portion of such lands shall be sold and the purchase money shall not be 
paid at the time of the sale, the commissioners shall take security by 
mortgage upon the land sold for the sum remaining unpaid, with seven 



36 

per cent interest thereon, payable annually at the office of the treasurer. 
The commissioners shall be authorized to execute a good and sufficient 
conveyance to all purchasers of such lands, and to discharge any mort- 
gages taken as security, when the sum due thereon shall have been paid. 
The commissioners shall have power to withhold from sale any portion 
of such lands, when they shall deem it expedient, and shall invest all 
moneys arising from the sale of such lands, as well as all other university 
and school funds, in such manner as the legislature shall provide, and 
shall give such security for the faithful performance of their duties as 
may be required by law. — Wis. (1848), Art. 10. . 

Sec. 4. All moneys, bonds, lands and other property belonging to a 
county school fund, except such moneys and property as may be pro- 
vided by law for current use in aid of public schools, shall belong to 
and be securely invested and sacredly preserved in the several counties as 
a county public school fund, the income of which shall be appropriated 
exclusivelv to the use and support of free public schools in the several 
counties of the state.— Wyo. (1889), Art. 7. 

Sec. 6. All funds belonging to the state for public school purposes, 
the interest and income of which only are to be used, shall be deemed 
trust funds in the care of the state, which shall keep them for the ex- 
clusive benefit of the public schools, and shall make good any losses that 
may in any manner occur, so that the same shall remain forever in- 
violate and undiminished. None of such funds shall ever be invested 
or loaned except on the bonds issued by school districts, or registered 
countv bonds of the state, or state securities of this state, or of the 
United States.— Wyo. (1889), Art. 7. 



DISTRIBUTION OF SCHOOL FUNDS. 

Sec. 4. Each county treasurer shall collect all school funds belonging 
to his county and the several school districts therein, and disburse the 
same to the proper districts upon warrants drawn by the county super- 
intendent or by the proper district authorities, as may be provided by 
law.— Colo. (1876), Art. 9. 

Sec. 7. Provision shall be made by law for the apportionment and 
distribution of the interest on the state school fund and all other means 
provided, including the special tax, for the support and maintenance of 
public free schools, among the several counties of the state in proportion 
to the average attendance upon schools in the said counties respectively. 
— Fla. (1885), Art. 12 (Amdt. 1894). 

Sec. 5. Existing local school systems shall not be affected by this 
constitution. Nothing contained in section first of this article shall be 
construed to deprive schools in this state, not common schools, from 
participation in the educational fund of the state, as to all pupils therein- 
taught in the elementary branches of an English education. — Gta. (1877), 
Art. 8. 



07 

Sec. 5. If any county shall fail to demand its proportion of such 
interest for common school purposes, the same shall be reinvested for the 
benefit of such county.— Ind. (1851), Art. 8. 

Sec. 6. The several counties shall be held liable for the preservation 
of so much of the said fund as may be entrusted to them, and for the pay- 
ment of the annual interest thereon. — Ind. (1851), Art. 8. 

Sec. 7. The money subject to the support and maintenance of com- 
mon schools shall be distributed to the districts in proportion to the 
number of youths, between the ages of five and twenty-one years, in such 
manner as may be provided by the general assembly. — Iowa (1857), 
Art. 9. 

Sec. 186. Each county in the commonwealth shall be entitled to its 
proportion of the school fund on its census of pupil children for each 
school year; and if the pro rata share of any school district be not called 
for after the second school year, it shall be covered into the treasury 
and be placed to the credit of the school fund for general apportion- 
ment the following school year. The surplus now due the several counties 
shall remain a perpetual obligation against the commoilwealth for the 
benefit of said respective counties, for which the commonwealth shall 
execute its bond, bearing interest at the rate of six per centum per annum, 
payable annually to the counties respectively entitled to the same, and in 
the proportion to which they are entitled, to be used exclusively in aid of 
common schools. — Ky. (1891), Sec. 186. 

Sec. 4. The income of the state school funds shall be disbursed an- 
nually, by order of the state superintendent, to the several county treas- 
urers, and thence to the treasurers of the several school districts, in 
equitable proportion to the number of children and youth resident 
therein, between the ages of five and twenty-one years : Provided, That 
no school district, in which a common school has not been maintained at 
least three months in each year, shall be entitled to receive any portion 
of such funds. — Kan. (1859), Art. 6. 

Sec. 2. The income of all funds provided by the state for the support 
of free public schools shall be paid annually to the several county treas- 
urers, to be disbursed according to law ; but no school district, in which 
a free public school has not been maintained at least three months during 
the year for which the distribution is made, shall be entitled to receive 
any portion of such funds. — Mo. (1875), Art. 11. 

Sec. 5. The interest on all invested school funds of the state, and all 
rents accuring from the leasing of any school lands, shall be appor- 
tioned to the several school districts of the state in proportion to the 
number of children and youths between the ages of six and twenty-one 
years, residing therein respectively, but no district shall be entitled to 
such distributive share that does not maintain a public free school for 
at least three months during the year for which distribution shall be 
made.— Mont. (1889), Art. 11. 



38 

Sec. 3. The interest a*nd income of the permanent school fund, the 
net income from the leasing of public lands which have been or may be 
granted by the United States to the state for the use and benefit of the 
common schools, together with any revenues derived from taxes author- 
ized to be levied for such purposes, and any other sums which may be 
added thereto by law, shall be used and applied each year for the benefit 
of the common schools of the state, and shall be, for this purpose, ap- 
portioned among and between all the several common school districts 
of the state in proportion to the school population of the several dis- 
tricts, and no part of the fund shall ever be diverted from this purpose, 
or used for any other purpose than the support and maintenance of 
common schools for the equal benefit of all the people of the state. — 
Okla, (1907), Art. 11. 

Sec. 7. Provision shall be made by general law for an equitable dis- 
tribution of the income of the fund set apart for the support of the 
common schools, among the several school districts of the state, and no 
appropriation shall be made from said fund to any district for the 
vear in which school is not maintained for at least three months. — 
Neb. (1875), Art. 8. 

Sec. 4. Provision shall be made by law for the distribution of the 
income of the common school fund among the several counties of the 
state, in proportion to the number of children resident therein between 

the ages of four and twenty years. — Ore. (1857), Art. 8. 

i 

Sec. 5. Provision shall be made by law, for the distribution of the 
income of the school fund among the several towns and cities of the 
state, for the support of common schools therein, in some just propor- 
tion to the number of children and youth resident therein, between the 
ages of four and twenty years, and no appropriation shall be made from 
the school fund to any city, or town, for the year in which said city or 
town shall fail to raise such tax; nor to any school district for the 
vear in which a school shall not be maintained at least three months. — 
Wis. (1848), Art. 10. 

Sec. 8. Provision shall be made by general law for the equitable 
distribution of such income among the several counties according to the 
number of children of school age in each; which several counties shall 
in like manner distribute the proportion of said fund by them received 
respectively to the' several school districts embraced therein. But no ap- 
propriation shall be made from said fund to any district for the year in 
which a school has not been maintained for at least three months; nor 
shall any portion of any public school fund ever be used to support or as- 
sist any private school, or any school, academy, seminary, college or other 
institution of learning controlled by any church or sectarian organization 
or religious denomination whatsoever. — Wyo. (1889), Art. 7. 



39 

NO APPROPRIATION FOR SECTARIAN SCHOOL. 

Sec. 263. No money raised for the support of the public schools shall 
be appropriated to or used for the support of any sectarian or denomi- 
national school. — Ala. (1901), Art. 14. 

Sec. 30. Neither the legislature, nor any county, city and county, 
township, school district, or other municipal corporation, shall ever make 
an appropriation, or pay from any public fund whatever, or grant any- 
thing to or in aid of any religious sect, church, creed, or sectarian pur- 
pose, or help to support or sustain any school, college, university, hos- 
pital, or other institution controlled by any religious creed, church or 
sectarian denomination whatever; nor shall any grant or donation of 
personal property or real estate ever be made by the state, or any city, 
city and county, town, or other municipal corporation, for any religious 
creed, church, or sectarian purpose whatever : Provided, That nothing 
in this section shall prevent the legislature granting aid pursuant to 
section twenty-two of this article. — Cal. (1880), Art. 4. 

Sec. 8. No public money shall ever be appropriated for the support 
of any sectarian or denominational school, or any school not under the 
exclusive control of the officers of the public schools; nor shall any 
sectarian or denominational doctrine be taught, or instruction thereon 
be permitted, directlv or indirectly, in anv of the common schools of 
this state.— Cal. (1880), Art. 9. 

Sec. 7. Neither the general assembly, nor any county, city, town, 
township, school district, or other public corporation, shall ever make 
any appropriation, or pay from any public fund or moneys whatever, 
anything in aid of any church or sectarian society, or for any sec- 
tarian purpose, or to help support or sustain any school, academy, semi- 
nary, college, university, or other literary or scientific institution, con- 
trolled by any church or sectarian denomination whatsoever; nor shall 
any grant or donation of land, money or other personal property, ever 
be made by the state, or any such public corporation, to any church 
or for any sectarian purpose. — Colo. (1876 J, Art. 9. 

Sec. 3. No portion of any fund now existing, or which may here- 
after be appropriated, or raised by tax, for educational purposes, shall be 
appropriated to, or used by, or in aid of any sectarian, church or denomi- 
national school : Provided, That all real or personal property used for 
school purposes, where the tuition is free, shall be exempt from taxa- 
tion and assessment for public purposes. — Del. (1897), Art. 9. 

Sec. 13. No law shall be enacted authorizing the diversion or the 
lending of any county or district school fund, or the appropriation of 
any part of the permanent or available school fund to any other than 
school purposes; nor shall the same, or any part thereof, be appropri- 
ated to or used for the support of any sectarian school. — Fla. (1885), 
Art. 12. 



40 

Sec. 5. Neither the legislature, nor any county, city, town, town- 
ship, school district, or other public corporation, shall ever make any 
appropriation, or pay from any public fund or moneys whatever, any- 
thing in aid of any church or sectarian, or religious society, or for any 
sectarian or religious purpose, or to help support or sustain any school,, 
academy, seminary, college, university or other literary or scientific in- 
stitution, controlled by any church or sectarian or religious denomina- . 
tion whatsoever; nor shall any grant or donation of land, money or 
other personal property ever be made by the state, or any such public 
corporation, to any church or for any sectarian or religious purpose. — 
Idaho (1889), Art. 9. 

Sec. 3. Neither the general assembly nor any county, city, town, 
township, school district, or other public corporation, shall ever make 
any appropriation or pay from any public fund whatever, anything in 
aid of any church or sectarian purpose, or to help support or sustain 
any school, academy, seminary, college, university or other literary or 
scientific institution, controlled by any church or sectarian denomina- 
tion whatever; nor shall any grant or donation of land, money or other 
personal property ever be made by the state or any such public corpor- 
ation to any church or for any sectarian purpose. — III. (1870), Art. 8. 

Sec. 189. No portion of any fund or tax now existing, or that may 
hereafter be raised or levied for educational purposes, shall be appro- 
priated to, or used by, or in aid of, any church, sectarian or denomi- 
national school. — Ky. (1891), Sec. 189. 

Art. 253. No funds raised for the support of the public schools of 
the state shall be appropriated to or used for the support of any pri- 
vate or sectarian schools. — La. (1898), Art. 253. 

Sec. 208. No religious or other sect or sects shall ever control any 
part of the school or other educational funds of this state; nor shall 
any funds be appropriated towards the support of any sectarian school, 
or to any school that at the time of receiving such appropriation is not 
conducted as a free school. — Miss. (1890), Art. 8. 

Sec. 11. Neither the general assembly nor any county, city, town, 
township, school district, or other municipal corporation, shall ever 
make an appropriation or pay from any public fund whatever, anything 
in aid of any religious creed, church or sectarian purpose, or to help to 
support or sustain any private or public school, academy, seminary, col- 
lege, university or other institution of learning controlled by any re- 
ligious creed, church or sectarian denomination whatever; nor shall any 
grant or donation of personal property or real estate ever be made by the 
state or any county, city, town or other municipal corporation, for any 
religious creed, church or sectarian purpose whatever. — Mo. (1875), Art. 
11. 

Sec. 8. Neither the legislative assembly, nor any county, city, town, 
or school district, or other public corporations, shall ever make directly^ 
or indirectly, any appropriation, or pay from any public fund or money® 



41 

whatever or make any grant of lands or other property in aid of any 
church, or for any sectarian purpose, or to aid in the support of any 
school, academy, seminary, college, university, or other literary, scien- 
tific institution, controlled in whole or in part by any church, sect or 
denomination whatever. — Mont. (1889), Art. 11. 

Art. 82. Knowledge and learning generally diffused through a com- 
munity being essential to the preservation of a free government, and 
spreading the opportunities and advantages of education through the 
various parts of the country being highly conducive to promote this end, 
it shall be the duty of the legislators and magistrates in all future 
periods of this government, to cherish the interest of literature and the 
sciences, and all seminaries and public schools; to encourage private 
and public institutions, rewards, and immunities for the promotion of 
agriculture, arts, sciences, commerce, trades, manufactures, and natural 
history of the country; to countenance and inculcate the principles of 
humanity and general benevolence, public and private charity, industry 
and economy, honesty and punctuality, sincerity, sobriety, and all social 
affections and generous sentiments, among the people : Provided, never- 
theless, That no money raised by taxation shall ever be granted or applied 
for the use of the schools or institutions of any religious sect or denom- 
ination.— N. H., Part 2, Art, 82. 

Sec. 4. Neither the state nor any subdivision thereof, shall use its 
property or credit or any public money, or authorize or permit either to 
"be used, directly or indirectly, in aid or maintenance, other than for 
examination or inspection, of any school or institution of learning 
wholly or in part under the control or direction of any religious de- 
nomination, or in which any denominational tenet or doctrine is taught. 
— N. Y. (1894), Art. 9. 

Sec. 152. All colleges, universities and other educational institutions, 
for the support of which lands have been granted to this state, or which 
are supported by a public tax, shall remain under the absolute and 
exclusive control of the state. No money raised for the support of the 
public schools of the state shall be appropriated to or used for the 
support of any sectarian school. — N. Dak. (1889), Art. 8. 

Sec. 2. No money raised for the support of the public schools of the 
commonwealth shall be appropriated to or used for the support of any 
sectarian school. — Pa, (1873), Art. 10. 

Sec. 9. The property or credit of the state of South Carolina, or of 
any county, city, town, township, school district, or other subdivision of 
the said state, or any public money, from whatever source derived, shall 
not, by gift, donation, loan, contract, appropriation, or otherwise, be 
used, directly or indirectly in aid or maintenance of any college, school, 
hospital, orphan house, or other institution, society or organization, of 
whatever kind, which is wholly or in part under the direction or control 
of any church or of any religious or sectarian denomination, society or 
organization. — S. C. (1895), Art. 11. 
6— Edu. 



42 

Sec. 16. No appropriation of lands, money or other property or 
credits to aid any sectarian school shall ever be made by the state, or 
any county or municipality within the state, nor shall the state or any 
county or municipality within the state accept any grant, conveyance, 
gift or bequest of lands, money or other property to be used for sectarian 
purposes, and no sectarian instruction shall be allowed in any school or 
institution aided or supported by the state. — S. D. (1889), Art. 8. 

Sec. 13. Neither the legislature nor any county, city, town, school 
district or other public corporation, shall make any appropriation to aid 
in the support of any school, seminary, academy, college, university or 
other institution, controlled in whole or in part by any church, sect or 
denomination whatever. — Utah (1896), Art. 10. 



PRIMARY SCHOOL SYSTEM ; ENGLISH LANGUAGE. 

(146) Sec. 4. The legislature shall, within five yea/rs from the adop- 
tion of this constitution, provide for and establish a system of primary 
schools, whereby a school shall be kept without charge for tuition at least 
three months in each year in every school district in the state, and all in- 
struction in said school shall be conducted in the English language. — 
Mich. (1850), Art. 13. 

Sec. 256. The legislature shall establish, organize and maintain a 
liberal system of public schools throughout the state for the benefit of the 
children thereof between the ages of seven and twenty-one years. The 
public school fund shall be apportioned to the several counties in 
proportion to the number of school children of school age therein, and 
shall be so apportioned to the schools in the districts or townships in the 
county as to provide, as nearly as practicable, school terms of equal 
duration in such school districts or townships. Separate schools shall 
be provided for white and colored children, and no child of either race 
shall be permitted to attend a school of the other race. — Ala. (1901) r 
Art. 14. 

Sec. 1. Intelligence and virtue being the safeguards of liberty and 
the bulwark of a free and good government, the state shall ever main- 
tain a general, suitable and efficient system of free schools, whereby all 
persons in the state between the ages of six and twenty-one years may 
receive gratuitous instruction. — Ark. (1874), Art. 14. 

Sec. 6. The public school system shall include primary and grammar 
schools, and such high schools, evening schools, normal schools, and 
technical school as may be established by the legislature, or by muni- 
cipal or district authority. The entire revenue derived from the state 
school fund and from the general state school tax shall be applied ex- 
clusively to the support of primary and grammar schools; but the legis- 
lature may authorize and cause to be levied a special state school tax 
for the support of high schools and technical schools, or either of such 
schools, included in the public school system, and all revenue derived 
from such special tax shall be applied exclusively to the support of the 



43 

schools for which such special tax shall be levied— Cal. (1880), Art. 9 
(Amdt. 1902). 

Sec. 2. The general assembly shall, as soon as practicable, provide for 
the establishment and maintenance of a thorough and uniform system 
of free public schools throughout the state, wherein all the residents of 
the state between the ages of six and twenty-one years may t>e educated 
gratuitously. One or more public schools shall be maintained in each 
school district within the state, at least three months in each year; any 
school district failing to have such school shall not be entitled to re- 
ceive any portion of the school fund for that year.— Colo. (1876), Art. 9. 

Sec. 1. The general assembly shall provide for the establishment and 
maintenance of a general and efficient system of free public schools, and 
may require by law that every child, not physically or mentally disabled, 
shall attend the public school, unless educated by other means. — Del. 
(1897), Art. 10. 

Sec. 1. The legislature shall provide for a uniform system of public 
free schools, and shall provide for the liberal maintenance of the same. — 
Fla. (1885), Art. 12. 

Sec. 1. Par. 1. There shall be a thorough system of common schools 
for the education of children in the elementary branches of an English 
education only, as nearly uniform as practicable, the expense of which 
shall be provided for by taxation, or otherwise. The schools shall be 
free to all children of the state, but separate schools shall be provided for 
the white and colored races. — Ga. (1877), Art. 8. 

Sec. 1. The stability of, a republican form of government depending 
mainly upon the intelligence of the people, it shall be the duty of the 
legislature of Idaho, to establish and maintain a general, uniform and 
thorough system of public, free common schools. — Idaho (1889), Art. 9. 

Sec. 1. The general assembly shall provide a thorough and efficient 
system of free schools whereby all children of this state may receive a good 
common school education. — III. (1870), Art. 8. 

Sec. 1. Knowledge and learning generally diffused throughout a com- 
munity, being essential to the preservation of a free government, it shall 
be the duty of the general assembly to encourage, by all suitable means, 
moral, intellectual, scientific and agricultural improvement, and to pro- 
vide by law for a general and uniform system of common schools, wherein 
tuition shall be without charge, and equallv open to all. — hid. (1851), 
Art. 8. 

Sec. 12. The board of education shall provide for the education of all 
the youths of the state, through a system of common schools, and such 
schools shall be organized and kept in each school district at least three 
months in each year. Any district failing for two consecutive years, to 
organize and keep up a school, as aforesaid, may be deprived of their 
portion of the school fund. — Iowa (1857), Art. 9. 



44 

Sec. 2. The legislature shall encourage the promotion of intellectual, 
moral, scientific and agricultural improvement, by establishing a uni- 
form system of common schools, and schools of a higher grade, em- 
bracing normal, preparatory, collegiate and university departments. — 
Kan. (1859), Art. 6. 

Sec. 183. The general assembly shall, by appropriate legislation, pro- 
vide for an efficient system of common schools throughout the state. — ■ 
Ky. (1891), Sec. 183. 

■ 

Art. 251. The general exercises in the public schools shall be con- 
ducted in the English language : Provided, That the French language may 
be taught in those parishes or localities where the French language pre- 
dominates, if no additional expense is incurred thereby. — La. (1898), 
Art. 251. 

Art. 8. A general diffusion of the advantages of education being essen- 
tial to the preservation of the rights and liberties of the people ; to pro- 
mote this important object, the legislature are authorized, and it shall 
be their duty to require, the several towns to make suitable provisions, at 
their own expense, for the support and maintenance of public schools; 
and it shall further be the duty to encourage and suitably endow from 
time to time, as the circumstances of the people may authorize, all aca- 
demies, colleges and seminaries of learning within the state: Provided, 
That no donation, grant or endowment shall at any time be made by the 
legislature to any literary institution now established, or which may 
hereafter be established, unless, at the time of making such endowment, 
the legislature of the state shall have the right to grant any further 
powers to alter, limit or restrain any of the powers vested in any such 
literary institution, as shall be judged necessary to promote the best in- 
terests' thereof .—Me. (1819), Art. 8. 

Sec. 1. The general assembly, at its first session after the adoption 
of this constitution, shall, by law, establish throughout the state a 
thorough and efficient system of free public schools; and shall provide 
by taxation, or, otherwise, for their maintenance. — Md. (1867), Art. 8. 

Sec. 1. The stability of a republican form of government depending 
mainly upon the intelligence of the people, it shall be the duty of the 
legislature to establish a general and uniform system of public schools. 
—Minn. (1857), Art. 8. 

Sec. 3. The legislature shall make such provisions, by taxation, or 
otherwise, as, with the income arising from the school fund, will secure a 
thorough and efficient system of public schools in each township in the 
state. But in no case shall the moneys derived as aforesaid, or any 
portion thereof, or any public moneys or property, be appropriated 
or used for the support of schools wherein the distinctive doctrines, 
creeds or tenets of any particular christian or other religious sect are 
promulgated or taught. — Minn. (1857), Art. 8 (Amdt. 1877). 

Sec. 201. It shall be the duty of the legislature to encourage, by all 



45 

suitable means, the promotion of intellectual, scientific, moral, and agri- 
cultural improvement, by establishing a uniform system of free public 
schools, by taxation or otherwise, for all children between the ages of 
five and twenty-one years, and, as soon as practicable, to establish schools 
of higher grade. — Miss. (1890), Art. 8. 

Sec. 1. A general diffusion of knowledge and intelligence being es- 
sential to the preservation of the rights and liberties of the people, the 
general assembly shall establish and maintain free public schools for 
the gratuitous instruction of all persons in this state between the ages 
of six and twenty years. — Mo. (1875), Art. 11. 

Sec. 1. It shall be the duty of the legislative assembly of Montana 
to establish and maintain a general, uniform and thorough system of 
public free common schools. — Mont. (1889), Art. 11. 

Sec. 7. The public free schools of the state shall be open to all child- 
ren and youths between the ages of six and twenty-one years. — Mont. 
(1889), Art. 11. 

Sec. 6. The legislature shall provide for the free instruction in the 
common schools of this state of all persons between the ages of five 
and twenty-one years. — Neb. (1875), Art. 8. 

Sec. 2. The legislature shall provide for a uniform system of com- 
mon schools, by which a school shall be established and maintained in 
each school district at least six months in every year; and any school 
district neglecting to establish and maintain such a school, or which 
shall allow instructions of a sectarian character therein, may be deprived 
of its proportion of the interest of the public school fund during such 
neglect or infraction; and the legislature may pass such laws as will 
tend to secure a general attendance of the children in each school dis- 
trict upon said public schools. — Nev. (1864), Art. 11. 

Sec. 1. The legislature shall provide for the maintenance and sup- 
port of a system of free common schools, wherein all the children of 
this state may be educated. — N. Y. (1894), Art. 9. 

Sec. 27. The people have the right to the privilege of education, and 
it is the duty of the state to guard and maintain that right. — N. C. 
(1875), Art. 1. 

Sec. 1. Religion, morality and knowledge being necessary to good 
government and the happiness of mankind, schools and the means of 
education shall forever be encouraged. — N. C. (1875), Art. 9. 

Sec. 2. The general assembly, at its first session under this constitu- 
tion, shall provide by taxation and otherwise for a general and uniform 
system of public schools, wherein tuition shall be free of charge to all 
the children of the state between the ages of six and twenty-one years. 
And the children of the white race and the children of the colored race 
shall be taught in separate public ' schools ; but there shall be no dis- 



46 

crimination in favor of or to the prejudice of either race. — N C 
(1875), Art. 9. 

Sec. 147. A high degree of intelligence, patriotism, integrity and 
morality on the part of every voter in a government by the people" being 
necessary in order to insure the continuance of that government and 
the prosperity and happiness of the people, the legislative assembly shall 
make provision for the establishment and maintenance of a system of 
public schools which shall be open to all children of the state of North 
Dakota and free from sectarian control. This legislative requirement 
shall be irrevocable without the consent of the United States and the 
people of North Dakota.— N. Dak, (1889), Art. 8. 

Sec. 148. The legislative assembly shall provide, at its first session 
after the adoption of this constitution, for a uniform system for free 
public schools throughout the state, beginning with the primary and 
extending through all grades up to and including the normal and colle- 
giate course.—^. Dak, (1889), Art. 8. 

Sec. 2. The general assembly shall make such provisions, by taxation, 
or otherwise, as, with the income arising from the school trust fund, 
will secure a thorough and efficient system of common schools through- 
out the state; but no religious or other sect, or sects, shall ever have 
any exclusive right to, or control of, anv part of the school funds of 
this state.— Ohio (1851), Art. 6. 

Sec. 5. Provisions shall be made for the establishment and main- 
tenance of a system of public schools, which shall be open to all the 
children of the state and free from sectarian control ; and said schools 
.shall always be conducted in English: Provided, That nothing herein 
shall preclude the teaching of other languages in said public schools: 
And Provided further. That this shall not be construed to prevent the 
establishment and maintenance of separate schools for white and colored 
children.— OUa. (1907), Art. 1. 

Sec. 1. The legislature shall establish and maintain a system of 
free public schools wherein all the children of the state may be educated. 
—Okla. (1907), Art, 13. 

Sec. 3. The legislative assembly shall provide by law for the estab- 
lishment of a uniform and general system of common schools. — Ore. 
(1857), Art. 8. 

Sec. 1. The general assembly shall provide for the maintenance and 
support of a thorough- and efficient system of public schools wherein 
all the children of this commonwealth above the age of six years may be 
educated, and shall appropriate at least one million dollars each year 
for that purpose.— Pa. (1873), Art. 10. 

Sec. 1. The diffusion of knowledge, as well as of virtue, among the 
people, being essential to the preservation of their rights and liberties, 
it shall be the duty of the general assembly to promote public schools, 



-47 

and to adopt all means which they may deem necessary and proper to 
secure to the people the advantages and opportunities of education. — 
R. I. (1842), Art. 12. 

Sec. 5. The general assembly shall provide for a liberal system of 
free public schools for all children between the ages of six and twenty- 
one vears, and for the division of the counties into suitable school dis- 
tricts, as compact in form as practicable, having regard to natural 
boundaries, and not to exceed forty-nine nor be less than nine square 
miles in area : Provided, That in cities of ten thousand inhabitants and 
over, this limitation of area shall not apply: Provided, further, That 
when any school district laid out under this section shall embrace cities 
or towns already embraced into special school districts in which graded 
school buildings have been erected by the issue of bonds, or by special 
taxation, or by donation, all the territory included in said school dis- 
trict shall bear its just proportion of any tax that may be levied to 
liquidate such bonds or support the public schools therein : Provided, 
further, That nothing in this article contained shall be construed as 
a repeal of the laws under which the several graded school districts 
of this state are organized. The present division of the counties into 
school districts and the provisions of law now governing the same shall 
remain until changed by the general assembly. — S. C. (1895), Art. 11. 

Sec. 1. The stability of a republican form of government depending 
on the morality and intelligence of the people, it shall be the duty of 
the legislature to establish and maintain a general and uniform system 
of public schools wherein tuition shall be without charge, and equally 
open to all ; and to adopt all suitable means to secure to the people the 
advantages and opportunities of education. — S. D. (1889), Art. 8. 

Sec. 1. A general diffusion of knowledge being essential to the preser- 
vation of the liberties and rights of the people, it shall be the duty of the 
legislature of the state to establish and make suitable provision for the 
support and maintenance of an efficient svstem of public free schools. — 
Tex. (1875), Art. 1. 

Sec. 1. The legislature shall provide for the establishment and main- 
tenance of a uniform system of public schools, which shall be open to 
all children of the state, and be free from sectarian control. — Utah 
(1896), Art. 10. 

Sec. 2. The public school system shall include kindergarten schools; 
common schools, consisting of primary and grammer grades ; high schools ; 
an agricultural college; a university, and such other schools as the legis- 
lature may establish. The common schools shall be free. The other 
departments of the system shall be supported as provided by law: Pro- 
vided, That high schools may be maintained free in all cities of the 
first and second class now constituting school districts, and in such 
other cities and districts as may be designated by the legislature. But 
where the proportion of school monies apportioned or accruing to any 
city or district shall not be sufficient to maintain all the free schools 
in such city or district, the high school shall be supported by local taxa- 
tion.— Utah (1896), Art. 10. 



48 

Sec. 41. Laws for the encouragement of virtue and prevention of 
vice and immorality, ought to be constantly kept in force, and duly exe- 
cuted ; and a competent number of schools ought to be maintained in each 
town, for the convenient instruction of youth ; and one or more grammar 
schools be incorporated and properly supported, in each county in this 
state. And all religious societies, or bodies of men, that may be hereafter 
united or incorporated for the advancement of religion and learning,, 
or for other pious and charitable purposes, shall be encouraged and pro- 
tected in the enjoyment of the privileges, immunities, and estates, which 
they in justice ought to enjoy, under such regulations as the general as- 
sembly of this state shall direct. — Vt. (1793), Chap. 2. 

Sec. 129. The general assembly shall establish and maintain an 
efficient system of public free schools throughout the state. — Va. (1902) , 
Art. 9. 

Sec. 2. The legislature shall provide for a general and uniform system 
of public schools. The public school system shall include common schools 
and such high schools, normal schools, and technical schools as may here- 
after be established. But the entire revenue derived from the common 
school fund, and the state tax for common schools, shall be exclusively 
applied to the support of the common schools. — Wash. (1889), Art. 9. 

Sec. 1. The legislature shall provide, by general law, for a thorough 
and efficient system of free schools. — W. Va. (1872), Art. 12. 

Sec. 3. The legislature shall provide by law for the establishment of 
district schools, which shall be as nearly uniform as practicable; and 
such schools shall be free and without charge for tuition, to all children 
between the ages of four and twenty years ; and no sectarian instruction 
shall be allowed therein. — Wis. (1848), Art. 10. 

Sec. 23. The right of citizens to opportunities for education should 
have practical recognition. The legislature shall suitably encourage 
means and agencies calculated to advance the sciences and liberal arts. — 
Wyo. (1889), Art. 1. 

Sec. 1. The legislature shall provide for the establishment and main- 
tenance of a complete and uniform system of public instruction, embrac- 
ing free elementary schools of every needed kind and grade, a university 
with such technical and professional departments as the public good may 
require and the means of the state allow, and such other institutions as 
may be necessary. — Wyo. (1889), Art. 7. 

Sec. 9. The legislature shall make such further provision by taxation 
or otherwise, as with the income arising from the general school fund 
will create and maintain a thorough and efficient system of public schools, 
adequate to the proper instruction of all the youth of the state, between 
the ages of six and twenty-one years, free of charge ; and in view of such 
provision so made, the legislature shall require that every child of suf- 
ficient physical and mental ability shall attend a public school during 



49 

the period between six and eighteen years for a time equivalent to three 
years, unless educated by other means. — Wyo. (1889), Art. 7. 

Sec. 5. The legislature shall make laws for the establishment and 
maintenance of systems of public schools which shall be open to all the 
children of the state and free from sectarian control. — Wyo. (1889), 
Ordinances. 

SCHOOL DISTRICTS. 

Sec. 15. The general assembly shall, by law, provide for organization 
of school districts of convenient size, in each of which shall be established 
a board of education, to consist of three or more directors, to be elected 
by the qualified electors of the district. Said directors shall have con- 
trol of instruction in the public schools of their respective districts. — 
Colo. (1876), Art. 9. 

Sec. 10. The legislature may provide for the division of any county 
or counties into convenient school districts; and for the election bienni- 
ally of three school trustees, who shall hold their office for two years, 
and who shall have the supervision of all the schools within the district; 
and for the levying and collection of a district school tax, for the exclu- 
sive use of public free schools within the district, whenever a majority 
of the qualified electors thereof that pay a tax on real, or personal 
property shall vote in favor of such a levy: Provided, That any tax au- 
thorized by this section shall not exceed three mills on the dollar in any 
one year on the taxable property of the district. — Fla. (1885), Art. 12. 

Sec. 11. Any incorporated town or city may constitute a school dis- 
trict. The fund raised by section ten may be expended in the district 
where levied for building or repairing school houses, for the purchase of 
school libraries and text-books, for salaries of teachers, or for other edu- 
cational purposes; so that the distribution among all the schools of the 
district be equitable.— Fla. (1885), Art. 12. 

Sec. 10. The legislature may constitute any city or town a separate 
and independent school district. And when the citizens of any city or 
town have a charter, authorizing the city authorities to levy and col- 
lect a tax for the support and maintenance of a public institution of 
learning, such tax may hereafter be levied and collected, if, at an election 
held for that purpose, two-thirds of the taxpayers of such city or town 
shall vote for such tax. — Tex. (1875), Art. 11. 

Sec. 6. In cities of the first and second class the public school sys- 
tem shall be controlled by the board of education of such cities, separate 
and apart from the counties in which said cities are located. — Utah 
(1896), Art. 10 (Amdt). 

Sec. 133. Each magisterial district shall constitute a separate school 
district, unless otherwise provided by law. In each school district there 
shall be three trustees selected, in the manner and for the term of office 
prescribed by law. — Va. (1902), Art. 9. 
7— Edu. 



50 

Sec. 10. No independent free school district, or organization shall 
hereafter be created, except with the consent of the school district or dis- 
tricts out of which the same is to be created, expressed by a majority of 
the voters voting on the question. — W. Va. (1872), Art. 12. 



SCHOOL OFFICERS. 

Sec. 15. The compensation of all county school officers shall be paid 
from the school fund of their respective counties* and all other county 
officers receiving stated salaries shall be paid from the general funds of 
their respective counties. — Fla. (1885), Art. 12. 

Sec. 4. No teacher, state, county, township or district school officer 
shall be interested in the sale, proceeds, or profits of any book, apparatus 
or furniture, used or to be used in any school in this state, with which 
such officer or teacher may be connected, under such penalties as may be 
provided by the general assembly. — III. (1870), Art. 8. 

Sec. 155. The provisions of sections one hundred and forty-five to 
one hundred and fifty-four, inclusive, shall not apply to the election of 
school trustees and other common school district elections. Said elections 
shall be regulated by the general assembly, except as otherwise provided 
in this constitution. — Ky. (1891), Sec. 155. 

Sec. 210. No public officer of this state, or any district, county, city, 
or town thereof, nor any teacher or trustee of any public school, shall be 
interested in the sale, proceeds, or profits of any books, apparatus, or 
furniture to be used in any public school in this state. Penalties shall 
be provided by law for the violation of this section. — Miss. (1890), Art. 8. 

Sec. 10. The legislative assembly shall provide that all elections for 
school district officers shall be separate from those elections at which 
state or county officers are voted for. — Mont. (1889), Art. 11, Sec. 10. 

Sec. 3. The general assembly shall make provision for the election or 
appointment of all other necessary school officers, and shall define their 
qualifications, powers, duties, compensation and terms of office. — S. C. 
(1895), Art. 11, Sec. 3. 

Sec. 4. The salaries of the state and county school officers and com- 
pensation of county treasurers for collecting and disbursing school 
moneys shall not be paid out of the school funds, but shall be otherwise 
provided for by the general assembly. — S. C. (1895), Art. 11, Sec. 4. 

Sec. 17. No teacher, state, county, township or district school officer 
shall be interested in the sale, proceeds or profits of any book, apparatus 
or furniture used or to be used in any school in this state, under such 
penalties as shall be provided by law. — S. D. (1889), Art. 8. 

Sec. 9. No person connected with the free school system of the state, 
or with any educational institution of any name or grade under state 



51 

control, shall be interested in the sale, proceeds or profits of any book 
or other thing used, or to be used therein, under such penalties as may 
be prescribed by law : Provided, That nothing herein shall be construed 
to apply to any work written, or thing invented, by such person. — W. Va. 
•(1872), Art. 12. 

LENGTH OF TIME SCHOOL TO BE TAUGHT. 

(147) Sec. 5. A school shall be maintained in each school district 
at least three months in each year. Any school district neglecting to 
maintain such school shall be deprived, for the ensuing year, of its 
proportion of the income of the primary school fund and of all funds 
arising from taxes for the support of schools. — Mich. (1850), Art. 13. 

Sec. 5. The legislature shall provide for a system- of common schools, 
by which a free school shall be kept up and supported in each district at 
least six months in every vear, after the first year in which a school has 
been established.— Gal, (1880), Art. 9. 

Sec. 205. A public school shall be maintained in each school district 
in the county at least four months during each scholastic year. A school 
district neglecting to maintain its school four months, shall be entitled 
to only such part of the free school fund as may be required to pay the 
teacher for the time actually taught. — Miss. (1890), Art. 8. 

Sec. 6. It shall be the duty of the legislative assembly to provide by 
taxation, or otherwise, sufficient means, in connection with the amount 
received from the general school fund, to maintain a public, free, com- 
mon school in each organized district in the state, for at least three 
months in each year. — Mont. (1889), Art. 11. 

Sec. 3. Each county of the state shall be divided into a convenient 
number of districts, in which one or more public schools shall be main- 
tained at least four months in every year; and if the commissioners of 
any county shall fail to comply with the aforesaid requirements of this 
section they shall be liable to indictment. — N. C. (1875), Art. 9. 



DISTINCTION AMONG PUPILS. 

Sec. 140. White and colored children shall not be taught in the same 
school.— Fa. (1902), Art. 9. 

Sec. 7. Separate schools shall be provided for the white and colored 
children and impartial provision shall be made for both. — Tex. (1875), 
Art. 7. 

Sec. 12. White and colored children shall not be taught in the same 
school, but impartial provision shall be made for both. — Fla. (1885), 
Art, 12. 

Sec. 187. In distributing the school fund no distinction shall be made 



52 

on account of race or color, and separate schools for white and colored 
children shall be maintained. — Ky. (1891), Sec. 187. 

Art. 248. There shall be free public schools for the white and colored 
races, separately established by the general assembly, throughout the 
state, for the education of all the children of the state between the ages 
of six and eighteen years : Provided, That where kindergarten schools 
exist, children between the ages of four and six may be admitted into 
said schools. All funds raised by the state for the support of public 
schools, except the poll tax, shall be distributed to each parish in propor- 
tion to the number of children therein between the ages of six and 
eighteen years. The general assembly, at its next session shall provide 
for the enumeration of educable children. — La. (1898), Art. 248. 

Sec. 207. Separate schools shall be maintained for children of the 
white and colored races. — Miss. (1890), Art. 8. 

Sec. 3. Separate free public schools shall be established for the educa- 
tion of children of African descent. — Mo. (1875), Art. 11. 

Sec. 3. Separate schools for white and colored children with like ac- 
commodation shall be provided by the legislature and impartially main- 
tained. The term "colored children," as used in this section, shall be 
construed to mean children of African descent. The term "white chil- 
dren," shall include all other children. — Okla. (1907), Art. 13. 

Sec. 7. Separate schools shall be provided for children of the white 
and colored races, and no child of either race shall ever be permitted 
to attend a school provided for children of the other race. — S. C. (1895), 
Art. 11. 

Sec. 1. It is the paramount duty of the state to make ample provision 
for the education of all children residing within its borders, without 
distinction or preference on account of race, color, caste, or sex. — Wash- 
(1889), Art. 9. 

Sec. 8. White and colored persons shall not be taught in the same 
school.— W. Va. (1872), Art, 12. 

Sec. 10. In none of the public schools so established and maintained 
shall distinction or discrimination be made on account of sex, race or 
color.— Wyo. (1889), Art. 7. 

Sec. 16. The university shall be equally open to .students of both 
sexes, irrespective of race or color ; and, in order that the instruction 
furnished may be as nearly free as possible, any amount in addition to 
the income from its grants of lands and other sources above mentioned, 
necessary to its support and maintenance in a condition of full effi- 
ciency shall be raised by taxation or otherwise, under provisions of 
the legislature. — Wyo. (1889), Art. 7. 



53 

INSTRUCTION IN SCHOOLS. 

Sec. 149. In all schools instruction shall be given as far as practicable 
In those branches of knowledge that tend to impress upon the mind the 
vital importance of truthfulness, temperance, purity, public spirit, and 
respect for honest labor of every kind. — N. Dak. (1889), Art. 8. 

Sec. 7. The legislature shall provide for the teaching of the elements 
of agriculture, horticulture, stock feeding, and domestic science in the 
common schools of the state. — Okla. (1907), Art. 13. 

Sec. 11. The metric system shall be taught in the public schools of 
the state.— Utah (1896), Art. 10. 

TEXT BOOKS. 

Sec. 16. Neither the general assembly nor the state board of education 
shall have power to prescribe text books to be used in the public schools. 
—Colo. (1876), Art. 9. 

Art. 261. All pupils in the primary grades in the public schools 
throughout the parish of Orleans, unable to provide themselves with 
the requisite books, an affidavit to that effect having been made by one of 
the parents of such pupils, or if such parents be dead, then by the tutor 
or other person in charge of such pupils, shall be furnished with the 
uecessary books, free of expense, to be paid for out of the school fund 
of said parish ; and the school board of the parish of Orleans is hereby 
directed to appropriate annually not less than two thousand dollars for 
the purpose named, provided such amount be needed. — La. (1898), Art. 
261. 

Sec. 6. The legislature shall provide for a uniform system of text 
books for the common schools of the state. — Okla. (1907), Art. 13. 

Sec. 139. Provision shall be made to supply children attending the 
public schools with necessary text-books in cases where the parent or 
guardian is unable, by reason of poverty, to furnish them. — Va. (1902), 
Art. 9. 

Sec. 9. Neither the legislature nor the state board of education shall 
have power to prescribe text books to be used in the common schools. — 
Utah (1896), Art. 10. 

Sec. 11. Neither the legislature nor the superintendent of public 
instruction shall have power to prescribe text books to be used in the 
public schools. — Wyo. (1889), Art. 7. 



PUBLIC SCHOOLS TO BE NON-SECTARIAN. 

Sec. 8. No religious sect or sects shall ever control any part of the 
common school or university funds of the state. — Kan. (1859), Art. 6. 



54 

Sec. 11. No sectarian instruction shall be allowed in any school or 
institution supported in whole or in part by the public funds set apart 
for educational purposes ; nor shall the state accept any grant, convey- 
ance, or bequests of money, lands or other property to be used for sect- 
arian purposes. — Neb. (1875), Art. 8. 

Sec. 9. No sectarian instruction shall be imparted or tolerated in any 
school or university that may be established under this constitution. — 
Nev. (1864), Art. 11. 

Sec. 4. All schools maintained or supported wholly or in part by the 
public funds shall be forever free from sectarian control or influence. — 
Wash. (1889), Art. 9. 



NO RELIGIOUS QUALIFICATION FOR ADMISSION. 

Sec. 8. No religious test or qualification shall ever be required of any 
person as a condition of admission into any public educational institu- 
tion of the state, either as teacher or student ; and no teacher or student 
of any such institution shall ever be required to attend or participate in 
any religious service whatever. No sectarian tenets or doctrines shall ever 
be taught in the public schools, nor shall any distinction or classification 
of pupils be made on account of race or color. — Colo. (1876), Art. 9. 

Sec. 6. No religious test or qualification shall ever be required of any 
person as a condition of admission into any public educational institu- 
tion of the state, either as teacher or student ; and no teacher or student 
of any such institution shall ever be required to attend or participate 
in any religious service whatever. No sectarian or religious tenets or 
doctrines shall ever be taught in the public schools, nor shall any dis- 
tinction or classification of pupils be made on account of race or color. 
No books, papers, tracts or documents of a political, sectarian or de- 
nominational character shall be used or introduced in any schools estab- 
lished under the provisions of this article, nor shall any teacher or any 
district receive any of the public school moneys in which the schools 
have not been taught in accordance with the provisions of this article.— 
Idaho (1889), Art. 9. 

Sec. 9. No religious or partisan test or qualification shall ever be 
required of any person as a condition of admission into any public edu- 
cational institution of the state, either as teacher or student; nor shall 
attendance be required at any religious service whatever, nor shall any 
sectarian tenets be taught in any public educational institution of the 
state ; nor shall any person be debarred admission to any of the collegiate 
departments of the university on account of sex. — Mont. (1889), Art. 11. 

Sec. 12. Neither religious nor* partisan test or qualification shall be 
required of any person as .a condition of admission, as teacher or student, 
into any public educational institution of the state. — Utah (1896), Art. 
10. 



55 

Sec. 12. No sectarian instruction, qualifications or tests shall be im- 
parted, exacted, applied or in any manner tolerated in the schools of any 
grade or character controlled by the state, nor shall attendance be re- 
quired at any religious service therein, nor shall any sectarian tenets or 
doctrines be taught or favored in any public school or institution that 
may be established under this constitution. — Wyo. (1889), Art. 7. 



COMPULSORY ATTENDANCE. 

Sec. 11. The general assembly may require, by law, that every child 
of sufficient mental and physicial ability shall attend the public school 
during the period between the ages of six and eighteen years, for a time 
equivalent to three years, unless educated bv other means. — Colo. (1876), 
Art. 9. 

Sec. 9. The legislature may require by law that every child of suffi- 
cient mental and physicial ability shall attend the public school through- 
out the period between the ages of six and eighteen years, for a time 
equivalent to three years, unless educated by other means. — Idaho ( 1889 ) , 
Art. 9. 

Sec. 15. The general assembly is hereby empowered to enact that 
every child of sufficient mental and physicial ability shall attend the 
public schools during the period between the ages of six and eighteen 
years for a term of not less than sixteen months, unless educated by 
other means.— N. C. (1875), Art. 9. 

Sec. 4. The legislature shall provide for the compulsory attendance 
at some public or other school, unless other means of education are 
provided, of all the children in the state who are sound in mind and 
body, between the ages of eight and sixteen years, for at least three 
months in each year. — Okla. (1907), Art. 13. 

Sec. 138. The general assembly may, in its discretion, provide for the 
compulsory education of children between the ages of eight and twelve 
years, except such as are weak in body or mind, or can read and write, 
or are attending private schools, or are excused for cause by the district 
school trustees.— Fa. (1902), Art. 9. 



MISCELLANEOUS PROVISIONS. 

Sec. 268. The legislature shall provide for taking a school census by 
townships and districts throughout the state not oftener than once in 
two years, and shall provide for the punishment of all persons or offi- 
cers making false or fraudulent enumerations and returns : Provided, The 
state superintendent of education may order and supervise the taking 
of a new census in any township, district or county, whenever he may 
have reasonable cause to believe that false or fraudulent returns have- 
been made. — Ala. (1901), Art. 14. 

Sec. 1. A general diffusion of knowledge and intelligence being es- 



56 

sential to the preservation of the rights and liberties of the people, the 
legislature shall encourage by all suitable means the promotion of in- 
tellectual, scientific, moral, and agricultural improvement. — Cal. (1880), 
Art. 9. 

Sec. 4. The general assembly may provide that the science of mining 
and metallurgy be taught in one or more of the institutions of learning 
under the patronage of the state. — Colo. (1876), Art. 16. 

Sec. 23. The legislature, in providing for the formation and regulation 
of schools, shall make no distinction between the rights of males and 
females.— Kan, (1859), Art, 2, Sec. 23. 

Art. 43. That the legislature ought to encourage the diffusion of 
knowledge and virtue, the extension of a judicious system of general 
education, the promotion of literature, the arts, sciences, agriculture, 
commerce and manufactures, and the general amelioration of the con- 
dition of the people. — Md. (1867), Dec. of Rights. 

Sec. 151. The legislative assembly shall take such other steps as may 
be necessary to prevent illiteracy, secure a reasonable degree of uniform- 
ity in course of study, and to promote industrial, scientific and agricul- 
tural improvements. — N. Dak. (1889), Art. 8. 

Sec. 5. The legislature shall provide that the science of mining and 
metallurgy be taught in at least one institution of learning under the 
patronage of the state. — S. D. (1889), Art. 14. 

Sec. 142. Members of the boards of visitors or trustees of educational 
institutions shall be appointed as may be provided by law, and shall hold 
for the term of four years : Provided, That at the first appointment, if 
the board be of an even number, one-half of them, or, if of an odd num- 
ber, the least majority of them, shall be appointed for two years. — 
Va. (1902), Art. 9. 

Sec. 5. The legislature may provide that the science of mining and 
metallurgy be taught in one of the institutions of learning under the 
patronage of the state. — Wyo. (1889), Art. 9. 



STATE BOARD OP EDUCATION. 

(151) Sec. 9. There shall be elected at the general election in the 
year one thousand eight hundred and fifty-two three members of a state 
hoard of education; one for two years, one for four years, and one for 
six years ; and at each succeeding biennial election there shall be elected 
one member of such board, who shall hold his office for six years. The 
superintendent of public instruction shall be ex officio a member and 
secretary of such board. The board shall have the general supervision 
of the state normal school, and their duties shall be prescribed by law. — 
Mich. (1850), Art. 13. 



57 

Sec. 7. The governor, the superintendent of public instruction, the 
president of the University of California, and the professor of pedagogy 
therein, and the principals of the state normal school shall constitute 
the state board of education, and shall compile, or cause to be compiled, 
and adopt a uniform series of text-books for use in the common schools 
throughout the state. The state board may cause such text-books, when 
adopted, to be printed and published by the superintendent of state print- 
ing, at the state printing office, and, when so printed and published, to be 
distributed and sold at the cost price of printing, publishing, and dis- 
tributing the same. The text-books so adopted shall continue in use not 
less than four years ; and said state board shall perform such other duties 
as may be prescribed by law. The legislature shall provide for a board 
of education in each county in the state. The county superintendents and 
the county boards of education shall have control of the examination of 
teachers and the granting of teachers' certificates within their respective 
jurisdictions.— Cal. (1880), Art. 9 (Amdt. 1894). 

Sec. 1. The general supervision of the public schools of the state shall 
be vested in a board of education, whose powers and duties shall be pre- 
scribed by law ; the superintendent of public instruction, the secretary of 
state and attorney-general shall constitute the board, of which the super- 
intendent of public instruction shall be president. — Colo. (1876), Art. 9. 

Sec. 3. The governor, secretary of state, attorney-general, state treas- 
urer and state superintendent of public instruction shall constitute a 
body corporate, to be known as the state board of education of Florida, 
of which the governor shall be president, and the superintendent of public 
instruction secretary. This board shall have power to remove any sub- 
ordinate school officer for cause, upon notice to the incumbent ; and shall 
have the management and investment of all state school funds under 
such regulations as may be prescribed by law, and such supervision of 
schools of higher grades as the law shall provide. — Fla. (1885), Art. 12. 

Sec. 2. The general supervision of the public schools of the state shall 
be vested in a board of education, whose powers and duties shall be pre- 
scribed by law; the superintendent of public instruction, the secretary 
of state and attorney-general, shall constitute the board, of which the 
superintendent of public instruction shall be president. — Idaho (1889), 
Art. 9. 

Art. 250. The general assembly shall provide for the creation of a 
state board and parish of public education. The parish boards shall 
parishes whose qualifications shall be fixed by the legislature, and who 
shall be ex-officio secretary of the parish board. The salary of the 
parish superintendent shall be provided for by the general assembly, 
to be paid out of the public school funds accruing to the respective 
parishes.— La. (1898), Art. 250. 

Sec. 203. There shall be a board of education, consisting of the secre- 
tary of state, the attorney -general, and the superintendent of public 
education, for the management and investment of the school funds ac- 
cording to law, and for the performance of such other duties as may be 
8— Edu. 



58 

prescribed. The superintendent and one other of said board shall con- 
stitute a quorum. — Miss. (1890), Art. 8. 

Sec. 4. The supervision of instruction in the public schools shall be 
vested in a "board of education," whose powers and duties shall be pre- 
scribed by law. The superintendent of public schools shall be president 
of the board. The governor, secretary of state and attorney-general shall 
be ex officio members, and, with the superintendent, compose said board 
of education.— Mo. (1875), Art. 11. 

Sec. 8. The governor, lieutenant-governor, secretary of state, treas- 
urer, auditor, superintendent of public instruction and attorney-general 
shall constitute a state board of education. — N. C. (1875), Art. 9. 

Sec. 9. The governor shall be president and the superintendent of 
public instruction shall be secretarv of the board of education. — N. C. 
(1875), Art. 9. 

Sec. 10. The board of education shall succeed to all the powers and 
trusts of the president and directors of the literary fund of North Caro- 
lina, and shall have full power to legislate and make all needful rules 
and regulations in relation to free public schools and the educational 
fund of the state; but all acts, rules and regulations of said board may 
be altered, amended or repealed by the general assembly, and when so 
altered, amended or repealed they shall not be re-enacted by the board. — 
N. C. (1875), Art. 9. 

Sec. 11. The first session of the board of education shall be held at 
the capital of the state within fifteen days after the organization of the 
state government under this constitution; the time of future meetings 
may be determined by the board. — N. C. (1875), Art. 9. 

Sec. 12. A majority of the board shall constitute a quorum for the 
transaction of business. — N. C. (1875), Art. 9. 

Sec. 13. The contingent expenses of the board shall be provided by the 
general assembly. — N. C. (1875), Art. 9. 

Sec. 5. The supervision of instruction in the public schools shall be 
vested in a board of education, whose powers and duties shall be pre- 
scribed by law. The superintendent of public instruction shall be presi- 
dent of the board. Until otherwise provided by law, the governor, secre- 
tary of state, and attorney-general shall be ex-officio members, and with 
the superintendent, compose said board of education. — Okla. (1907), 
Art. 13. 

Sec. 2. There shall be a state board of education, composed of the 
governor, the state superintendent of education, and not exceeding seven 
persons to be appointed by the governor every four years, of which board 
the governor shall be chairman, and the state superintendent of educa- 
tion, secretary. This board shall have the regulation of examination of 
teachers applying for certificates of qualification, and shall award all 



59 

governor, the state superintendent of education, and not exceeding seven 
scholarships, and have such other powers and duties as may be deter- 
mined by laws. The traveling expenses of the persons to be appointed 
shall be provided for by the general assembly. — 8. C. (1895), Art. 11. 

Sec. 8. The governor, comptroller and secretary of state shall consti- 
tute a board of education, who shall distribute said funds to the several 
counties, and perform such other duties concerning public schools as may 
be prescribed by law. — Tex. (1815), Art. 7. 

Sec. 8. The general cop'/rol and supervision of the public school sys- 
tem shall be vested in a stute board of education, consisting of the super- 
intendent of public instruction, and such other persons as the legislature 
may provide.— Utah (1896), Art. 10. 

Sec. 130. The general supervision of the school system shall be vested 
in a state board of education, composed of the governor, attorney-general, 
superintendent of public instruction, and three experienced educators to 
be elected quadrennially by the senate, from a list of eligibles, consisting 
of one from each of the faculties, and nominated by the respective 
boards of visitors or trustees, of the University of Virginia, the Vir- 
ginia Military institute, the Virginia Polytechnic institute, the state 
female normal school at Farmville, the school for the deaf and blind, 
and also of the college of William and Mary, so long as the state con- 
tinue its annual appropriation to the last named institution. 

The board thus constituted shall select and associate with itself two 
division superintendents of schools, one from a county and the other from 
a city, who shall hold office for two years, and whose powers and duties 
shall be identical with those of other members, except that they shall not 
participate in the appointment of any public school official. 

Any vacancy occurring during the term of any member of the board 
shall be filled for the unexpired term by said board. — Va. (1902), Art. 9. 

Sec. 132. The duties and powers of the state board of education 
shall be as follows : 

First. It may, in its discretion, divide the state into appropriate school 
divisions, comprising not less than one county or city each, but no county 
or city shall be divided in the formation of such divisions. It shall, sub- 
ject to the confirmation of the senate, appoint, for each of such divisions, 
one superintendent of schools, who shall hold office for four years, and 
shall prescribe his duties, and may remove him for cause and upon notice. 

Second. It shall have, regulated by law, the management and invest- 
ment of the school fund. 

Third. It shall have authority to make all needful rules and regula- 
tions for the management and conduct of the schools, which, when pub- 
lished and distributed, shall have the force and effect of law, subject to 
the authority of the general assembly to revise, amend, or repeal the 
same. 

Fourth. It shall select text books and educational appliances for use 
in the schools of the state, exercising such discretion as it may see fit in 
the selection of books suitable for the schools in the cities and counties 
respectively. 



60 

Fifth. It shall appoint a board of directors, consisting of five mem- 
bers, to serve without compensation, which shall have the management 
of the state library, and the appointment of a librarian and other em- 
ployees thereof, subject to such rules and regulations as the general 
assembly shall prescribe; but the supreme court of appeals shall have 
the management of the law library and the appointment of the librarian 
and other employees thereof. — Va. (1902), Art. 9. 



DEAF, DUMB, BLIND, INSANE, ETC. 

(152) Sec. 10. Institutions for the benefit of those inhabitants who 
are deaf, dumb, blind, or insane shall always be fostered and supported. 
—Mich. (1850), Art. 13. 

Sec. 19. It shall be the duty of the general assembly to provide by 
law for the support of institutions for the education of the deaf and 
dumb and of the blind, and also for the treatment of the insane. — Ark. 
(1874), Art. 19. 

Sec. 1. Educational, reformatory and penal institutions, and those 
for the benefit of the insane, blind, deaf and mute, and such other institu- 
tions as the public good may require, shall be established and supported 
by the state, in such manner as may be prescribed by law. — Colo. (1876), 
Art. 8. 

Sec. 1. Institutions for the benefit of the insane, blind and deaf, and 
such other benevolent institutions as the public good may require, shall 
be fostered and supported by the state, subject to such regulations as 
may be prescribed by law. — Fla. (1885), Art. 13. 

Sec. 1. Educational, reformatory, and penal institutions, and those 
for the benefit of the insane, blind, deaf and dumb, and such other insti- 
tutions as the public good may require, shall be established and sup- 
ported by the state in such manner as may be prescribed by law. — Idaho 
(1889), Art. 10. 

Sec. 1. It shall be the duty of the general assembly to provide by law 
for the support of institutions for the education of the deaf and dumb r 
and of the blind; and, also, for the treatment of the insane. — Ind. (1851), 
Art. 9. 

Sec. 1. Institutions for the benefit of the insane, blind, and deaf and 
dumb, and such other benevolent institutions as the public good may 
require, shall be fostered and supported by the state, subject to such 
regulations as may be prescribed by law. Trustees of such benevolent 
institutions as may be hereafter created, shall be appointed by the gov- 
ernor, by and with the advice and consent of the senate; and upon all 
nominations made by the governor the question shall be taken in yeas 
and nays, and entered upon the journal. — Kan. (1859), Art. 7. 

Sec. 86. It shall be the duty of the legislature to provide by law for 



61 

the treatment and care of the insane; and the legislature may provide 
for the care of the indigent sick in the hospitals in the state. — Miss. 
(1890), Art. 4. 

Sec. 209. It shall be the duty of the legislature to provide by law for 
the support of institutions for the education of the deaf, dumb, and blind. 
— Miss. (1890), Art. 8. 

Sec. 1. Educational, reformatory and penal institutions, and those 
for the benefit of the insane, blind, deaf and mute, soldiers' home, and 
mich other institutions as the public good may require, shall be estab- 
lished and supported by the state in such a manner as mav be prescribed 
by law.— Mont. (1889), Art. 10. 

Sec. 1. Institutions for the benefit of the insane, blind and deaf and 
dumb, and such other benevolent institutions as the public good may 
require, shall be fostered and supported by the state, subject to such 
regulations as may be prescribed by law. — Nev. (1864), Art. 13. 

Sec. 14. Nothing in this constitution contained shall prevent the 
legislature from making such provision for the education and support of 
the blind, the deaf and dumb, and juvenile delinquents, as to it may seem 
proper; or prevent any county, city, town or village from providing for 
the care, support, maintenance and secular education, of inmates of or- 
phan asylums, homes for dependent children or correctional institutions, 
whether under public or private control. Payments by counties, cities, 
towns and villages to charitable, eleemosynary, correctional and reform- 
atory institutions, wholly or partly under private control, for care, sup- 
port and maintenance, may be authorized, but shall not be required by 
the legislature. No such payments shall be made for any inmate of such 
institutions who is not received and retained therein pursuant to rules 
established by the state board of charities. Such rules shall be subject 
to the control of the legislature by general laws. — N. Y. (1894), Art. 8. 

Sec. 8. There shall also, as soon as practicable, be measures devised 
by the state for the establishment of one or more orphan houses, where 
destitute orphans may be cared for, educated and taught some business 
or trade.— N. C. (1875), Art. 11. 

Sec. 9. It shall be the duty of the legislature, as soon as practicable, 
to devise means for the education of idiots and inebriates. — N. C. (1875), 
Art. 11. 

Sec. 10. The general assembly may provide that the indigent deaf 
mute, blind and insane, of the state sh#ll be cared for at the charge of 
the state.— N. C. (1875), Art. 11. 

Sec. 1. Institutions for the benefit of the insane, blind and deaf and 
dumb, shall always be fostered and supported by the state; and be sub- 
ject to such regulations as may be prescribed by the general assembly. — 
Ohio (1851), Art. 7. 



62 

Sec. 2. The legislature shall provide for the establishment and sup- 
port of institutions for the care and education of the deaf, dumb, and 
blind of the state.— Okla. (1907), Art. 13. 

Sec. 1. Educational, reformatory, and penal institutions and those 
for the benefit of the insane, blind, deaf, and mute, and such other insti- 
tutions as the public good may require, shall be established and sup- 
ported by the state in such manner as may be prescribed by law. — Okla, 
(1907), Art. 21. 

Sec. 1. Institutions for the care of the insane, blind, deaf and dumb 
and the poor shall always be fostered and supported by this state, and 
shall be subject to such regulations as the general assembly may enact. 

— 8. C. (1895), Art. 12. 

Sec. 9. All lands heretofore granted for the benefit of the lunatic, 
blind, deaf and dumb, and orphan asylums, together with such donations 
as may have been or may hereafter be made to either of them, respect- 
ively, as indicated in the several grants, are hereby set apart to provide 
a permanent fund for the support, maintenance and improvement of said 
asylums. And the legislature may provide for the sale of the lands and 
the investment of the proceeds in manner as provided for the sale and 
investment of school lands in section four of this article. — Tex. (1875), 
Art. 7. 

Sec. 54. It shall be the duty of the legislature to provide for the cus- 
tody and maintenance of indigent lunatics, at the expense of the state, 
under such regulations and restrictions as the legislature may prescribe. 

— Tex. (1875), Art. 16. 

Sec. 10. Institutions for the deaf and dumb, and for the blind, are 
hereby established. All property belonging to the school for the deaf 
and dumb, heretofore connected with the University of Utah, shall be 
transferred to said institution for the deaf and dumb. All the proceeds 
of the lands granted by the United States for the support of a deaf and 
dumb asylum, and for an institution for the blind, shall be a perpetual 
fund for the maintenance of said institutions. It shall be a trust fund^ 
the principal of which shall remain inviolate, guaranteed by the state 
against loss by diversion. — Utah (1896), Art. 10. 

Sec. 2. Reformatory and penal institutions, and those for the benefit 
of the insane, blind, deaf and dumb, and such other institutions as the 
public good may require, shall be established and supported by the state 
in such manner, and under such boards of control as may be prescribed 
by law.— Utah (1896), Art. 19. 

Sec. 149. For each state hospital for the insane now existing, or here- 
after established, there shall be a special board of directors, consisting of 
three members, who shall be appointed by the governor, subject to con- 
firmation by the senate; such board shall have the management of the 
hospital for which it is appointed, under the supervision and control 
of the general board of directors hereinafter constituted. The terms of 



63 

the directors first appointed shall be two, four, and six years, respectively, 
and thereafter, upon the expiration of the term of a member, his suc- 
cessor shall be appointed for, a term of six years. — Va. (1902), Art. 11. 

Sec. 150. There shall be a general board of directors for the control 
and management of all state hospitals for the insane now existing or 
hereafter established, which shall consist of all the directors appointed 
members of the several special boards. The general board of directors 
shall be subject to such regulations and requirements as the general 
assembly may from time to time prescribe, and shall have full power 
and control over the special boards of directors and all of the officers and 
employees of the said hospitals. — Va. (1902), Art. 11. 

Sc. 151. The general board of directors shall appoint for a term of 
four years a superintendent for each hospital, who shall be removable 
by said board for misbehavior, incapacity, neglect of official duty, or 
acts performed without authority of law. The special board of each 
hospital, shall, subject to the approval of the general board, appoint for 
a term of four years all other resident officers. The superintendent of 
each hospital shall appoint, and may remove, with the approval of the 
special board, all other employes of such hospital. — Va. (1902), Art. 11. 

Sec. 152. There shall be a commissioner of state hospitals for the 
insane, who shall be appointed by the governor, subject to confirmation 
by the senate, for a term of four years. He shall be ex-officio chairman 
of the general and of each of the special boards of directors, and shall be 
responsible for the proper disbursement of all moneys appropriated or 
received from any source for the maintenance of such hospitals; he shall 
cause to be established and maintained at all of the hospitals a uniform 
system of keeping the records and the accounts of money received and 
disbursed and of making the reports thereof. He shall perform such 
other duties and shall execute such bond and receive such salary as may 
be prescribed by law.— Fa. (1902), Art. 11. 

Sec. 1. Educational, reformatory, and penal institutions; those for 
the benefit of blind, deaf, dumb, or otherwise defective youth, for the 
insane and idiotic, and such other institutions as the public good may 
require, shall be fostered and supported by the state, subject to such 
regulations as may be provided by law. The regents, trustees, or com- 
missioners of all such institutions existing at the time of the adoption 
of this constitution, and of such as shall thereafter be established by 
law, shall be appointed by the governor, by and with the advice and 
consent of the senate; and upon all nominations made by the governor, 
the question shall be taken by the ayes and nays, and entered upon the 
journal.— Wash. (1889), Art. 13. 

Sec. 12. The legislature shall foster and encourage moral, intellectual, 
scientific and agricultural improvement; it shall, whenever it may be 
practicable, make suitable provision for the blind, mute and insane, and 
for the organization of such institutions of learning as the best interests 
of general education in the state may demand. — W. Va. (1872), Art. 12. 
12. 



64 

Sec. 18. Such charitable, reformatory and penal institutions as the 
claims of humanity and the public good may require, shall be estab- 
lished and supported by the state in such manner as the legislature may 
prescribe. They shall be under the general supervision of a state board 
of charities and reform, whose duties and powers shall be prescribed 
by law.— Wyo. (1889), Art. 7. 



DISPOSITION OF FINES, PENALTIES, ETC. 

(154) Sec. 12. The legislature shall also provide for the establish- 
ment of at least one library in each toivnship and city, and all fines 
assessed and collected in the several counties and toivnships for any 
breach of the penal laws shall be exclusively applied to the support of 
such libraries, unless otherwise ordered by the township board of any 
township or the board of education of any city : Provided, That in no 
case shall such fines be used for other than library or school purposes. — 
Mich. (1850), Art. 13. 

Sec. 9. The county school fund shall consist, in addition to the tax 
provided for in section eight of this article, of the proportion of the 
interest of the state school fund and of the one mill state tax apportioned 
to the county ; the net proceeds of all fines collected under the penal laws 
of the state within the county; all capitation taxes collected within 
the county; and shall be disbursed by the county board of public in- 
struction solely for the maintenance and support of public free schools. 
— Fla. (1885), Art. 12. 

Sec. 4. The money which may have been or shall be paid by per- 
sons as an equivalent from exemption from military duty, and the clear 
proceeds of all fines collected in the several counties for any breach of 
the penal laws, shall be exclusively applied in the several counties 
in which such money is paid, or fine collected, among the several school 
districts of said counties, in proportion to the number of youths subject 
to enumeration in such districts, to the support of common schools, or 
the establishment of libraries, as the board of education shall from time 
to time provide. — Iowa (1857), Art. 9. 

Sec. 6. All money which shall be paid by persons as an equival- 
ent for exemption from military duty; the clear proceeds of estrays, 
ownership of which shall vest in the taker-up; and the proceeds of fines 
for any breach of the penal laws, shall be exclusively applied in the 
several counties in which the money is paid or fines collected, to the 
support of common schools. — Kan. (1859), Art. 6. 

Sec. 5. All fines, penalties, and license moneys, arising under the 
general laws of the state, shall belong and be paid over to the counties 
respectively, where the same may be levied or imposed, and all fines, 
penalties and license moneys arising under the rules, by-laws, or ordi- 
nance of cities, villages, towns, precincts, or other municipal subdivision 
less than a county, shall belong and be paid over to the same respectively. 
All- such fines, penalties, and license moneys shall be appropriated «x- 



65 

clusively to the use and support of common schools in the respective 
subdivisions where the same may accrue. — Net). (1875), Art. 8. 

Sec. 5: All moneys, stocks, bonds and other property belonging to a 
county school fund, also the net proceeds from the sale of estrays, also 
the clear proceeds of all penalties and forfeitures and of all fines col- 
lected in the several counties for any breach of the penal or military 
laws of the state, and all moneys which shall be paid by persons as an 
equivalent for exemption from military duty, shall belong to and remain 
in the several counties, and shall be faithfully appropriated for establish- 
ing and maintaining free public schools in the several counties in this 
state: Provided, That the amount collected in each county shall be an- 
nuallv reported to the superintendent of public instruction. — N. C. 
(1875), Art. 9. 

* 

Sec. 154. The interest and income of this fund together with the 
net proceeds of all fines for violation of state laws, and all other sums 
which may be added thereto by law, shall be faithfully used and applied 
each year for the benefit of the common schools of the state, and shall 
be for this purpose apportioned among and between all the several com- 
mon school corporations of the state in proportion to the number of 
children in each of school age, as may be fixed by law, and no part of 
the fund shall ever be diverted even temporarily, from this purpose 
or used for any other purpose whatever than the maintenance of com- 
mon schools for the equal benefit of all the people of the state : Pro- 
vided, however. That if any portion of the interest or income aforesaid 
be not expended during any year, said portion shall be added to and 
become a part of the school fund. — N. Dak. (1889), Art. 9. 

Sec. 3. The interest and income of this fund, together with the net 
proceeds of all fines for violation of state laws, and all other sums which 
may be added thereto by law, shall be faithfully used and applied each 
year for the benefit of the public schools of the state, and shall be for this 
purpose apportioned among and between all the several public school 
corporations of the state in proportion to the number of children iii 
each, of school age, as may be fixed by law; and no part of the fund, 
either principal or interest, shall ever be diverted, even temporarily, from 
this purpose or used for any other purpose whatever than the main- 
tenance of public schools for the equal benefit of all the people of the 
state.— tf. D. (1889), Art. 8. 

Sec. 5, All fines and penalties under general laws of the state shall 
belong to the public school fund of the respective counties and be paid 
over to the custodians of such funds for the current support of the 
public schools therein. — Wyo. (1889), Art. 7. 
9— Edu. 



66 



UNIVERSITIES, COLLEGES AND NORMAL SCHOOLS. 



LANDS AND FUNDS* 

Bee. 265. After the ratification of this constitution there shall be paid 
'out of the treasury of this state, at the time and in the manner pro- 
vided by law, the sum of not less than thirty-six thousand dollars per 
annum as interest on the funds of the university of Alabama, hereto- 
fore covered into the treasury, for the maintenance and support of said 
institution : . Provided, That the legislature shall have the power at any 
time they deem proper for the best interest of said university to abolish 
the military system at said institution, or reduce the said system to a 
department of instruction, and that such action on the part of the legis- 
lature shall not cause any diminution of the amount of the annual in- 
terest payable out of the treasury for the support and maintenance of 
said university. — Ala. (1901), Art. 14. 

Bee. 6. Par. 1. The trustees of the university of Georgia may accept 
bequests, donations and grants of land, or other property, for the use 
<of said university. In addition to the payment of the annual interest 
on the debt due by the state to the university, the general assembly may, 
from time to time, make such donations thereto as the condition of the 
treasury will authorize. And the general assembly may also, from time 
to time, make such appropriations of money as the condition of the treas- 
ury will authorize to any college or university (not exceeding one in 
number) now established, or hereafter to be established, in this state for 
the education of persons of color. — Qa. (1877), Art. 8. 

Sec. 2. The university lands, and the proceeds thereof, and all moneys 
belonging to said fund shall be a permanent fund for the sole use of 
the state university. The interest arising from the same shall be an- 
nually appropriated for the support and benefit of said university. — Iowa 
(1857), Art. 9. 

Sec. 5. The general assembly shall take measures for the protection 
improvement, or other disposition of such lands as have been, or may 
hereafter be reserved, or granted by the United States, or any person 
or persons to this state, for the use of the university, and the funds 
accruing from the rents or sale of such lands, Or from any other source 
for the purpose aforesaid, shall be, and remain, a permanent fund, the 
interest of which shall be applied to the support of said university, for 
the promotion of literature, the arts and sciences as may be authorized 
by the terms of such grant. And it shall be the duty of the general 
assembly, as soon as may be, to provide effectual means for the im- 
provement and permanent security of the funds of said university. — Iowa 
(1857), Art. 9. 



67 

Art. 258. The debt due by the state to the seminary fund is hereby 
declared to be one hundred and thirty-six thousand dollars, being the 
proceeds of the sale of lands heretofore granted by the United States to 
this state for the use of a seminary of learning, and said amount shall 
Le kept to the credit of said fund on the books of the auditor and treas- 
urer of the state as a perpetual loan, and the state shall pay an annual 
interest of four per cent, on said amount. — La. (1898), Art. 258. 

Art. 259. The debt due by the state by the agricultural and mechani- 
cal college fund is hereby declared to be the sum of one hundred and 
eighty-two thousand three hundred and thirteen dollars and three cents, 
being the proceeds of the sale of lands and land scrip heretofore granted 
by the United States to this state for the use of a college for the bene- 
fit of agricultural and mechanical arts; and said amount shall be kept 
to the credit of said fund on the books of the auditor and treasurer of 
the state as a perpetual loan, and the state shall pay an annual interest 
of five per cent, on said amount. — La. (1898), Art. 259. 

Sec. 213. The state having received and appropriated the land donated 
to it for the support of agricultural and mechanical colleges by the 
United States, • and having, in furtherance of the beneficent design of 
congress in granting said land, established the agricultural and mechan- 
ical college of Mississippi and the Alcorn agricultural and mechanical 
college, it is the duty of the state to sacredly carry out the conditions of 
the act of congress upon the subject, approved July 2, A. D. 1862, and 
the legislature shall preserve intact the endowments to any sup- 
port said colleges. — Miss. (1890), Art. 8. 

Sec. 12. The funds of the state university and of all other state insti- 
tutions of learning, from whatever source accruing, shall forever remain 
inviolate and sacred to the purpose for which they Avere dedicated. The 
various funds shall be respectively invested under such regulations as 
may he prescribed by law. and shall be guaranteed by the state against 
loss or diversion. The interest of said invested funds, together with the 
rents from leased lands or properties shall be devoted to the maintenance 
and perpetuation of these respective institutions. — Mont. (1889), Art. 11. 

Sec. 5. Section thirteen in every portion of the state, which has been 
granted to the state, shall be preserved for the use and benefit of the 
University of Oklahoma and the university preparatory school, one-third ; 
of the normal schools now established, or hereafter to be established, one- 
third; and of the agricultural and mechanical college and colored agri- 
cultural and normal university, one-third. The said lands or the proceeds 
thereof as above apportioned to be divided between the institutions as the 
legislature may prescribe : Provided, That the said lands so reserved, or 
the proceeds of the sale thereof, or of any indemnity lands granted in 
lieu of section thirteen shall be safely kept or invested and preserved by 
the state as a trust, which shall never be diminished, but may be added 
to, and the income thereof, interest, rentals, or otherwise, only shall be 
used exclusively for the benefit of said educational institutions. Such 
educational institutions shall remain under the exclusive control of the 
state and no part of the proceeds arising from the sale or disposal of any 



68 

lands granted for educational purposes, or the income or rentals thereof, 
shall be used for the support of airy religious or sectarian school, college, 
or university, and no portion of the funds arising from the sale of sec- 
tions thirteen or any indemnity lands selected in lieu thereof, either prin- 
cipal or interest, shall ever be diverted, either temporarily or perman- 
ently, from the purpose for which said lands were granted to the state. — 
Okla. (1907), Art. 11. 

Sec. 7. All ]ands, money or other propeiiy donated, granted or re- 
ceived from the United States or any other source for a university, agri- 
cultural college, normal schools or other educational or charitable insti- 
tution or purpose and the proceeds of all such lands and other property 
so received from any source, shall be and remain perpetual funds, the in- 
terest and income of which, together with the rents of all such lands as 
may remain unsold, shall be inviolably appropriated and applied to the 
specific objects of the original grants or gifts. The principal of every 
such fund may be increased, but shall never be diminished, and the in- 
terest and income only shall be used. Every such fund shall be deemed 
a trust fund held by the state, and the state shall make good all losses 
therefrom that shall in any manner occur. — S. D. (1889), Art. 8. 

Sec. 8. All lands mentioned in the preceding section shall be ap- 
praised and sold in the same manner and by the same officers and boards 
under the same limitations and subject to all the conditions as to price, 
sale and approval, provided above for the appraisal and sale of lands 
for the benefit of public schools, but a distinct and separate account shall 
be kept by the proper officers of each of such. funds. — S. D. (1889), Art. 8. 

Sec. 11. In order to enable the legislature to perform the duties set 
forth in the foregoing section, it is hereby declared that all lands and 
other property heretofore set apart and appropriated for the establish- 
ment and maintenance of "The University of Texas," together with all 
the proceeds of sales of the same, heretofore made or hereafter to be 
made, and all grants, donations and appropriations that may hereafter 
be made by the state of Texas, or from any other source, shall constitute 
and become a permanent university fund. And the same as realized and 
received into the treasury of the state (together with such sum belonging 
to the fund as may now be in the treasury), shall be invested in bonds of 
the state of Texas, if the same can be obtained; if not, then in United 
States bonds; and the interest accruing thereon shall be subject to ap- 
propriation by the legislature to accomplish the purpose declared in the 
foregoing section : Provided, That the one-tenth of the alternate sections 
of the lands granted to railroads, reserved by the state, which were set 
apart and appropriated to the establishment of "The University of 
Texas," by an act of the legislature of February 11, 1858, entitled "An 
act to establish 'The University of Texas,' " shall not be included in or 
constitute a part of the permanent university fund. — Tex. (1875), Art. 7. 

Sec. 12. The land herein set apart to the university fund shall be sold 
under such regulations, at such times and on such terms as may be pro- 
vided by law ; and the legislature shall provide for the prompt collection, 
at maturity, of all debts due on account of university lands heretofore 



69 

sold, or that may hereafter be sold, and shall in neither event have the 
power to grant relief to the purchasers. — Tex. (1875), Art. 7. 

Sec. 15. In addition to the lands heretofore granted to the University 
of Texas, there is hereby set apart and appropriated, for the endowment, 
maintenance and support of said university and its branches, one million 
acres of the unappropriated public domain of the state, to be designated 
and surveyed as may be provided by law; and said lands shall be sold 
under the same regulations and the proceeds invested in the same manner 
as is provided for "the sale and investment of the permanent university 
fund; and the legislature shall not have power to grant any relief to the 
purchasers of said lands. — Tex. (1875), Art. 7. 

Sec. 111. Xo appropriation of public funds shall be made to any 
school or institution of learning not owned or exclusively controlled by 
the state or some political subdivision thereof: Provided, First, that the 
general assembly may, in its discretion, continue the appropriations to 
the college of William and Mary; second, that this section shall not be 
construed as requiring or prohibiting the continuance or discontinuance 
by the general assembly of the payment of interest on certain bonds held 
by certain schools and colleges as provided by an act of the general as- 
sembly, approved February twenty-third, eighteen hundred and ninety- 
two, relating to bonds held by schools and colleges ; third, that counties, 
cities, towns and districts may make appropriations to non-sectarian 
schools of manual, industrial, or technical training, and also to any school 
or institution of learning owned or exclusively controlled by such county, 
city, town or school district. — To. (1902), Art. 9. 

Sec. 6. Provision shall be made by law for the establishment of a 
state university, at or near the seat of state government, and for con- 
necting with the same, from time to time, such colleges in different parts 
of the state, as the interests of education may require. The proceeds of 
all lands that have been, or may hereafter be granted by the United 
States to the state for the support of a university, shall be and remain 
a perpetual fund, to be called ''The University Fund," the interest of 
which shall be appropriated to the support of the state university, and no 
sectarian instruction shall be allowed in such universitv. — Wis. (1898), 
Art. 10. 

AGRICULTURAL COLLEGE. 

(153) Sec. 11. The legislature shall encourage the promotion of intel- 
lectual, scientific and agricultural improvements ; and shall, as soon as 
practicable, provide for the establishment of an agricultural school. The 
legislature may appropriate the twenty-ttvo sections of salt spring lands 
now unappropriated, or the money arising from the sale of the same, 
where such lands have been already sold, and any land which may here- 
after be granted or appropriated for such purpose for the support and 
maintenance of such school, and may make the same a branch of the 
university, for instruction in agriculture and the natural sciences con- 
nected therewith, and place the same under the supervision of the regents 
of the university. — Mich. (1850), Art. 13. 



70 

Sec. 266. The Alabama Polytechnic Institute, formerly called the 
Agricultural and Mechanical College, shall be under the management and 
control of a board of trustees, which shall consist of two members from 
the congressional district in which the institute is located, and one from 
each of the other congressional districts in the state, the state superin- 
tendent of education, and tne governor, who shall be ex-officio president 
of the board. The trustees shall be appointed by the governor, by and 
with the advice and consent of the senate, and shall hold office for a 
term of twelve years, and until their successors shall be appointed and 
qualified. The board shall be divided into three classes, as nearly equal 
as may be, so that one-third may be chosen quadriennially. Vacancies 
occurring in the office of trustees from death or resignation, and the va- 
cancies regularly occurring in the year nineteen hundred and five, shall 
be filled by the governor, and such appointee shall hold office until the 
next meeting of the legislature. Successors to those trustees whose terms 
expire in nineteen hundred and three shall hold office until nineteen hun- 
dred and eleven; successors to those whose terms of office expire in nine- 
teen hundred and five shall hold office -.iatil nineteen hundred and fif- 
teen ; and successors to those whose terms of office expire in nineteen 
hundred and seven shall hold office until nineteen hundred and nineteen. 
No trustee shall receive any pay or emolument other than his actual 
expenses incurred in the discharge of his duties as such. — Ala. (1901) r 
Art. 14. 

Sec. 8. The board of regents shall, from the interest accruing from 
the first funds which come under their control, immediately organize and 
maintain the said mining department in such manner as to make it most 
effective and useful : Provided, That all the proceeds of the public lands 
donated by act of congress approved July second, A. D. eighteen hundred 
and sixty-two, for a college for the benefit of agriculture, the mechanic 
arts, including military tactics,, shall be invested by the said board of 
regents in a separate fund, to be appropriated exclusively for the benefit 
of the first named departments to the university, as set forth in section 
four above ; and the legislature shall provide that if, through neglect 
or any other contingency, any portion of the fund so set apart shall be 
lost or misappropriated, the state of Nevada shall replace said amount 
so lost or misappropriated in said fund, so that the principal of said 
fund shall remain forever undiminished. — Nev. (1864), Art. 11. 

Sec. 14. As soon as practicable after the adoption of this constitution 
the general assembly shall establish and maintain in connection with the 
university a department of agriculture, of mechanics, of mining and of 
normal instruction. — N. C. (1875), Art. 9. 

Sec. 31. The right of the state to engage in any occupation or busi- 
ness for public purposes shall not be denied nor prohibited, except that 
the state shall not engage in agriculture for any other than educational 
and scientific purposes and for the support of its penal, charitable, and 
educational institutions. — Okla. (1907), Art. 2. 

Sec. 8. The general assembly may provide for the maintenance of 
Clemson Agricultural College, the university of South Carolina, and the 



71 

Winthrop Normal and Industrial College, a branch thereof, as now estab- 
lished by law, and may create scholarships therein ; the proceeds realized 
from the land scrip given by the act of congress passed the second day 
of July, in the year eighteen hundred and sixty-two, for the support of 
an agricultural college, and any lands or funds which have heretofore 
been or may hereafter be given or appropriated for educational purposes 
by the congress of the United States, shall be applied as directed in the 
acts appropriating the same : Provided, That the general assembly 
shall, as soon as practicable, wholly separate Claflin College from Claflin 
University, and provide for a separate corps of professors and instructors 
therein, representation to be given to men and women of the negro 
race; and it shall be the colored normal, industrial, agricultural and me- 
chanical college of this state. — S. G. (1895), Art. 11. 

Sec. 13. The Agricultural and Mechanical College of Texas, estab- 
lished by an act of the legislature, passed April 17, 1871, located in the 
county of Brazos, is hereby made and constituted a branch of the uni- 
versity of Texas, for instruction in agriculture, the mechanic arts and 
the natural sciences connected therewith. And the legislature shall, at 
its next session, make an appropriation, not to exceed forty thousand 
dollars, for the construction and completion of the buildings and improve- 
ments, and for providing the furniture necessary to put said college in 
immediate and successful operation. — Te®. (1875), Art. 7. 

Sec. 137. The general assembly may establish agricultural, normal,, 
manual training and technical schools, and such grades of schools as 
shall be for the public good. — Va. (1902), Art. 9. 



BOARD OF REGENTS OF UNIVERSITY. 

(148) Sec. 6. There shall be elected in the year eighteen hundred and 
sixty-three, at the time of the election of a justice of the supreme court, 
eight regents of the university, two of whom shall hold their office for 
two years, two for four years, two for six years and two for eight years. 
They shall enter upon the duties of their office on the first of January 
next succeeding their election. At every regular election of a justice of 
the supreme court thereafter there shall be elected two regents whose 
term of office shall be eight years. When a vacancy shall occur in the 
office of regent, it shall be filled by appointment of the governor. The 
regents thus elected shall constitute the board of regents of the university' 
of Michigan.— Mich. (1850), Art. 13. 

(149) Sec. 7. The regents of the university and their successors in 
office shall continue to constitute the body corporate, known by the name 
and title of "the regents of the university of Michigan/' — Mich. (1850). 
Art. 13. 

(150) Sec. 8. The regents of the university shall, at their first an- 
nual meeting, or as soon thereafter as may be, elect a president of the 
university, who shall be ex-officio a member of their board, with the privi- 
lege of speaking but not of voting. He shall preside at the meetings of 



72 

the regents and he the principal executive officer of the university. The 
hoard of regents shall have the general supervision of the university , and 
the direction and control of all expenditures from the university interest 
fund.— Mich. (1850), Art. 13. 

Sec. 264. The state university shall be under the management and 
control of a board of trustees which shall consist of two members from 
the congressional district in which the university is located, one from 
each of the other congressional districts in the state, the superintendent 
of education and the governor who shall be ex-officio president of the 
board. The members of the board of trustees as now constituted shall 
hold office until their respective terms expire under existing law, and- 
until their successors shall be elected and confirmed as hereinafter re- 
quired. Successors to those trustees whose terms expire in nineteen 
hundred and two shall hold office until nineteen hundred and seven ; 
successors to those trustees whose terms expire in nineteen hundred and 
four shall hold office until nineteen hundred and eleven ; successors to 
those trustees whose terms expire in nineteen hundred and six shall hold 
office until nineteen hundred and fifteen ; and thereafter their successors 
shall hold office for a term of twelve years. When the term of any 
member of such board shall expire, the remaining members of the board 
shall by secret ballot elect his successor : Provided, That any trustee so 
elected shall hold office from the date of his election until his confirma- 
tion or rejection by the senate, and, if confirmed, until the expiration of 
the term for which he was elected, and until his successor is elected. At 
every meeting of the legislature the superintendent of education shall 
certify to the senate the names of all who have been so elected since the 
last session of the legislature, and the senate shall confirm or reject 
them, as it shall determine is for the best interest of the university. If 
it reject the names of any members, it shall thereupon elect trustees in 
the stead of those rejected. In case of a vacancy on said board by death 
or resignation of a member, or from any cause other than the expiration 
of his term of office, the board shall elect his successor who shall hold 
office until the next session of the legislature. No trustee shall receive 
any pay or emolument other than his actual expenses incurred in the 
discharge of his duties as such. — Ala. (1901), Art. 14. 

Sec. 12. There shall be elected by the qualified electors of the state, 
at the first general election under this constitution, six regents of the 
university, who shall immediately after their election be so classified, 
by lot, that two shall hold their office for the term of two years, two for 
four years, and two for six years ; and every two years after the first 
election there shall be elected two regents of the university, whose term 
of office shall be six years. The regents thus elected, and their successors, 
shall constitute a body corporate, to be known by the name and style of 
"the regents of the university of Colorado." — Colo. (1876), Art. 9. 

Sec. 13. The regents of the university shall, at their first meeting, or 
as soon thereafter as practicable, elect a president of the university, 
who shall hold his office until removed by the board of regents for cause; 
he shall be, ex-officio, a member of the board, with the privilege of speak- 
ing, but not of voting, except in cases of a tie; he shall preside at the 



73 

meetings of the board, and be the principal executive officer of the uni- 
versity, and a member of the faculty thereof. — Co lo. (1876), Art. 9. 

Sec. 14. The board of regents shall have the general supervision of the 
university, and the exclusive control and direction of all funds of, and 
..appropriations for, the university. — Colo. (1§76), Art. 9. 

Sec. 5. The general assembly shall whenever the public school fund 
will permit and the actual necessity of the same may require, aid and 
maintain the state university, now established, with its present depart- 
ments. The government of the state university shall be vested in a 
board of curators, to consist of nine members, to be appointed by the 
governor, by and with advice and consent of the senate. — Mo. (1875), 
Art. 11. 

Sec. 11. The general control and supervision of the state university 
and the various other state educational institutions shall be vested in a 
state board of education, whose powers and duties shall be prescribed and 
regulated by law. The said board shall consist of eleven members, the 
governor, state superintendent of public instruction, and attorney-gen- 
eral, being members ex-officio, the other eight members thereof shall be 
appointed by the governor, subject to the confirmation of the senate, 
under the regulations and restrictions to be provided bv law. — Mont. 
(1889), Art. 11. 

Sec. 10. The general government of the university of Nebraska, shall, 
under direction of the legislature, be vested in a board of six regents to 
be styled the board of regents of the university of Nebraska, who shall 
be elected by the electors of the state at large, and their term of office, 
except those chosen at the first election as hereinafter provided, shall 
be six years. Their duties and powers shall be prescribed by law; and 
they shall receive no compensation, but may be reimbursed their actual 
expenses incurred in the discharge of their duties. — Net). (1875), Art. 8. 

Sec. 7. The governor, secretary of state, and superintendent of public 
instruction shall, for the nrst four years, and until their successors are 
elected and qualified, constitute a board of regents, to control and man- 
age the affairs of the university and the funds of the same, under such 
regulations as may be provided by law. But the legislature shall at its 
regular session next preceding the expiration of the term of office of said 
board of regents, provide for the election of a new board of regents, and 
define their duties.— Nev. (1864), Art. 11. 

Sec. 2. The corporation created in the year one thousand seven hun- 
dred and eighty-four, under the name of the regents of the university of 
the state of New York, is hereby continued under the name of the 
university of the state of New York. It shall be governed and its cor- 
porate powers, which may be increased, modified or diminished by the 
legislature, shall be exercised by not less than nine regents. — N. Y. (1894), 
Art. 9. 

Sec. 6. The general assembly shall have power to provide for the elec- 
10— Eim. 



74 

tion of trustees of the university of North Carolina, in whom, when 
chosen, shall be vested all the privileges, rights, franchises and endow- 
ments thereof in anywise granted to or conferred upon the trustees of said 
university ; and the general assembly may make such provisions, laws and 
regulations from time to time as may be necessary and expedient for the 
maintenance and management of said university. — N. C. (1875), Art. 9. 

Sec. 19. Until otherwise provided by law, the boards of regents of the 
University of Oklahoma, of the Agricultural and Mechanical College, of 
the Normal schools now established, of the University Preparatory 
School, and of the Colored Agricultural and Normal and University, shall 
continue to hold their offices and exercise the functions thereof until their 
successors are elected or appointed and qualified. — Okla. (1907), Sched. 

Sec. 3. The state university, the agricultural college, the normal 
schools and all other educational institutions that may be sustained 
either wholly or in part by the state shall be under the control of a 
board of five members appointed by the governor and confirmed by the 
senate under such rules and restrictions as the legislature shall pro- 
vide. The legislature mav increase the number of members to nine. — 
8. D. (1889), Art. 14. 

Sec. 4. The regents shall appoint a board of five members for each 
institution under their control, to be designated the board of trustees. 
They shall hold office for five years, one member retiring annually. The 
trustees of each institution shall appoint the faculty of the same, and 
shall provide for the current management of the institution, but all 
appointments and removals must have the approval of the regents to 
be valid. The trustees of the several institutions shall receive no com- 
pensation for their services, but they shall be reimbursed for all expenses 
incurred in the discharge of their duties, upon presenting an itemized 
account of the same to the proper officer. Each board of trustees at its 
first meeting shall decide bv lot the order in which its members shall 
retire from office.— & D. (1889), Art. 14. 

Sec. 17. The legislature shall provide by law for the management of 
the university, its lands and other property by a board of trustees, con- 
sisting of not less than seven members, to be appointed by the governor 
by and with the advice and consent of the senate, and the president of 
tie university, and the superintendent of public instruction, as members 
ex-officio, as such having the right to speak, but not to vote. The duties 
and powers of the trustees shall be prescribed by law. — Wyo. (1889),. 
Art. 7. 

ESTABLISHMENT AND LOCATION. 

Sec. 267. The legislature shall not have power to change the location 
of the state university, or the Alabama Polytechnic Institute, or the 
Alabama School for the Deaf and Blind, or the Alabama Girls' Industrial 
School, as now established by law, except upon a vote of two-thirds of 
the legislature taken by yeas and navs and entered upon the journals. — 
Ala. (1901), Art. 14. 



to 

Sec. 9. The university of California shall constitute a public trusty 
and its organization and government shall be perpetually continued in 
the form and character prescribed by the organic act creating the same, 
passed March twenty-third, eighteen hundred and sixty -eight (and the 
several acts amendatory thereof), subject only to such legislative control 
as may be necessary to insure compliance with the terms of its endow- 
ments and the proper investment and security of its funds. It shall be 
entirely independent of all political or sectarian influence, and kept 
free therefrom in the appointment of its regents, and in the administra- 
tion of its affairs : Provided, That all the moneys derived from the sale of 
the public lands donated to this state by act of congress, approved July 
second, eighteen hundred and sixty-two (and the several acts amendatory 
thereof), shall be invested as provided by said acts of congress, and the 
interest of said moneys shall be inviolably appropriated to the endow- 
ment, support and maintenance of at least one college of agriculture, 
where the leading objects shall be (without excluding other scientific 
and classical studies, and including military tactics) to teach such 
branches of learning as are related to scientific and practical agriculture 
and the mechanic arts, in accordance with the requirements and con- 
ditions of said acts of congress ; and the legislature shall provide that if ? 
ihrotfgh neglect, misappropriation, or any other contingency, any portion 
of the funds so set apart shall be diminished or lost, the state shall re- 
place such portion so lost or misappropriated, so that the principal 
thereof shall remain forever undiminished. No person shall be debarred 
admission to any of the collegiate departments of the university on 
account of sex.— Col, (1880), Art. 9. Sec. 9. 

Sec. 10. The trusts and estates created for the founding, endowment,, 
and maintenance of the Leland Stanford Junior University, under and in 
accordance with "an act to advance learning, etc," approved March ninth » 
eighteen hundred and eighty-five, by the endowment grant executed by 
Leland Stanford and Jane Lathrop Stanford on the eleventh day of 
November, A. D. eighteen hundred and eighty-five, and recorded in liber 
eightv -three of deeds, at page twenty-three, et seq., records of Santa Clara 
county, and by the amendments of such grant, and by gifts, grants, be- 
quests and devises supplementary thereto, and by confirmatory grants, 
are permitted, approved, and confirmed. The board of trustees of the 
Leland Stanford Junior LTniversity, as such, or in the name of the institu- 
tion, or by other intelligible designation of the trustees or of the institu- 
tion, may receive property, real or personal, and wherever situated, by 
gift, grant, devise, or bequest, for the benefit of the institution, or of 
any department thereof, and such property, unless otherwise provided,, 
shali be held by the trustees of the Leland Stanford Junior University 
upon the trusts provided for in the grant founding the university, and 
amendments thereof, and grants, bequests, and devises supplementary 
thereto. The legislature, by special act, may grant to the trustees of the 
Leland Stanford Junior University corporate powers and privileges, but 
it shall not thereby alter their tenure or limit their powers or obligations 
as trustees. All property now or hereafter held in trust for the founding, 
maintenance or benefit of the Leland Stanford Junior University, or of 
an}' department thereof, may be exempted by special acts from state 
taxation, and all personal property so held, the Palo Alto farm as de- 



76 

scribed id the endowment grant to the trustees of the university, and 
all other real property so held and used by the university for educational 
purposes exclusively, may be similarly exempted from county and mu- 
nicipal taxation : Provided, That residents of California shall be charged 
no fees for tuition unless such fees be authorized by act of the legis- 
lature.— Col. (1880), Art. 9 (Amdt. 1900). 

Sec. 11. All property now or hereafter belonging to "the California 
School of Mechanical Arts," an institution founded and endowed by the 
late James Lick to educate males and females in the practical arts of 
life, and incorporated under the laws of the state of California, Novem- 
ber twenty-third, eighteen hundred and eighty-five, having its school 
buildings located in the city and county of San Francisco, shall be ex- 
empt from taxation. The trustees of said institution must annually 
report their proceedings and financial accounts to the governor. The 
legislature may modify, suspend, and revive at will the exemption from 
taxation herein given.— Ca 1. (1880), Art, 9 {Amdt. 1900). 

Sec. 1. The charter of Yale College, as modified by agreement with 
the corporation thereof, in pursuance of an act of the general assembly, 
passed in May, 1792, is hereby confirmed. — Conn. (1818), Art, 8. 

Sec. 14. The legislature at its first session shall provide for the estab- 
lishment, maintenance and management of such Normal schools, not to 
exceed two, as the interests of public education may demand. — Fla. 
(1885), Art. 12. 

Sec. 10. The location of the university of Idaho, as established by 
existing laws, is hereby confirmed. All the rights, immunities, franchises, 
and endowments heretofore granted thereto by the territory of Idaho 
are hereby perpetuated unto the said university. The regents shall have 
the general supervision of the university, and the control and direction 
of all the funds of, and appropriations to, the university, under such 
regulations as may be prescribed by law. No university lands shall be 
sold for less than ten dollars per acre, and in subdivisions not to exceed 
one hundred and sixty acres, to any one person, company or corporation. 
—Idaho (1889), Art. 9, Sec, 10. 

Sec. 11. The state university shall be established at one place without 
branches at any other place, and the university fund shall be applied to 
that institution, and no other. — Iowa (1857), Art, 9. 

Sec. 7. Provision shall be made by law for the establishment, at some 
eligible and central point, of a state university, for the promotion of 
literature, and the arts and sciences, including a normal and an agri- 
cultural department. All funds arising from the sale or rents of lands 
granted by the United States to the state for the support of a state uni- 
versity, and all other grants, donations or bequests, either by the state 
or by individuals, for such purpose, shall remain a perpetual fund, to be 
called the "university fund," the interest of which shall be appropriated 
to the support of the state university. — Kan. ( 1859 ) , Art. 6. 



77 

Art. 255. The Louisiana State University and Agricultural and Me- 
chanical College, founded upon the land grants of the United States to 
endow a seminary of learning and a college for the benefit of agriculture 
and the mechanic arts, now established and located in the city of Baton 
Rouge, is hereby recognized; and all revenues derived and to be derived 
from the seminary fund, the Agricultural and Mechanical College fund, 
and other funds or lands donated or to be donated by the United States 
to the state of Louisiana for the use of a seminary of learning or of a 
college for the benefit of agriculture or the mechanic arts, shall be appro- 
priated exclusively to the maintenance and support of said Louisiana 
State University and Agricultural and Mechanical College; and the 
general assembly shall make such additional appropriations as may be 
necessary for its maintenance, support and improvement, and for the es- 
tablishment, in connection with said institution, of such additional 
scientific or literary departments as the public necessities and the well 
being of the people of Louisiana may require: Provided, That the ap- 
propriation shall not exceed fifteen thousand dollars per annum for its 
maintenance and support. 

The Tulane University of Louisiana, located in New Orleans, is hereby 
recognized as created and to be developed in accordance with the pro- 
vision of legislative act No. 43, approved July 5, 1884, and by approval 
of the electors, made part of the constitution of the state. — La. (1898), 
Art. 255. 

Art. 256. The Louisiana State Normal School, established and located 
at Natchitoches ; the Industrial Institute and College of Louisiana, 
whose name is hereby changed to the Louisiana Industrial Institute, es- 
tablished and located at Ruston ; and the Southern University, now estab- 
lished in the city of New Orleans, for the education of persons of color, 
are hereby recognized ; and the general assembly is directed to make such 
appropriations from time to time as may be necessary for the main- 
tenance, support and improvement of these institutions : Provided, That 
the appropriation for the maintenance and support of the Louisiana In- 
dustrial Institute shall not exceed fifteen thousand dollars per annum, 
and that for the Southern University shall not exceed ten thousand. — 
La. (1898), Art. 256. 

Sec. 2. Wisdom and knowledge, as well as virtue, diffused generally 
among the body of the people, being necessary for the preservation of 
their rights and liberties; and as these depend on spreading the oppor- 
tunities and advantages of education in the various parts of the country, 
and among the different orders of the people, it shall be the duty of legis- 
latures and magistrates, in all future periods of this commonwealth, to 
cherish the interests of literature and the sciences, and all seminaries of 
them; especially the university at Cambridge, public schools and gram- 
mar schools in the towns; to encourage private societies and public in- 
stitutions, rewards and immunities, for the promotion of agriculture, 
arts, sciences, commerce, trades, manufactures, and a natural history of 
the country; to countenance and inculcate the principles of humanity 
and general benevolence, public and private charity, industry and fru- 
gality, honesty and punctuality in their dealings; sincerity, good humor, 
and all social affections, and generous sentiments, among the people. — 
Mass. (1780), Part 2, Chap. 5. 



78 

Art. 1. Whereas our wise and pious ancestors, so early as the year 
one thousand six hundred and thirty-six, laid the foundation of Harvard 
College, in which university many persons of great eminence have, by 
the blessing of God, been initiated in those arts and sciences which 
qualified them for public employments, both in church and state ; and 
whereas the encouragement of arts and sciences, and all good literature, 
tends to the honor of God, the advantage of the christian religion, and the 
great benefit of this and the other United States of America — it is de- 
clared, that the president and fellows of Harvard College, in their cor- 
porate capacity, and their successors in that capacity, their officers and 
servants, shall have, hold, use, exercise, and enjoy, all the powers, au- 
thorities, rights, liberties, privileges, immunities, and franchises, which 
they now have, or are entitled to have, hold, use, exercise, and enjoy ; 
and the same are hereby ratified and confirmed unto them, the said presi- 
dent and fellows of Harvard College, and to their successors, and to 
their officers and servants, respectively, forever. — Mass. (1780), Part 2, 
Chap. 5, Sec. 1. 

Art. 2. And whereas there have been at sundry times, by divers 
persons, gifts, grants, devises of houses, lands, tenements, goods, chattels, 
legacies, and conveyances, heretofore made, either to Harvard College 
in Cambridge, in New England, or to the president and fellows of Har- 
vard College, or to the said college by some other description, under 
several charters, successively ; it is declared, that all the said gifts, 
grants, devises, legacies, and conveyances, are hereby forever confirmed 
unto the president and fellows of Harvard College,, and to their suc- 
cessors in the capacity aforesaid, according to the true intent and mean- 
ing of the donor or donors, grantor or grantors, devisor or devisors. — 
Mass. (1780), Part 2, Chap. 5, Sec. 1. 

Art. 27. So much of article two of chapter six of the constitution of 
this commonwealth as relates to persons holding the office of president, 
professor, or instructor of Harvard College, is hereby annulled. — Mass. 
(1780), Art. 27 {Amdt. 1877). 

Art. 3. And whereas, by an act of the general court of the colony of 
Massachusetts Bay, passed in the year one thousand six hundred and 
forty-two, the governor and deputy-governor, for the time being, and all 
the magistrates of that jurisdiction, were, with the president, and a 
number of the clergy in the said act described, constituted the overseers 
of Harvard College; and it being necessary, in this new constitu- 
tion of government to ascertain who shall be deemed successors to 
the said governor, deputy-governor, and magistrates; it is de- 
clared, that the governor, lieutenant-governor, council, and senate of 
this commonwealth, are, and shall be deemed, their successors, who, with 
the president of Harvard College, for the time being, together with the 
ministers of the congregational churches in the towns of Cambridge, 
Watertown, Charlestown, Boston, Roxbury, and Dorchester, mentioned in 
the said act, shall be, and hereby are, vested with all the powers and 
authority belonging, or in any way appertaining to the overseers of 
Harvard College: Provided, That nothing herein shall be construed to 
prevent the legislature of this commonwealth from making such alter- 



79 

ations in the government of the said university, as shall be conducive to 
its advantage, and the interest of the republic of letters, in as full a 
manner as might have been done by the legislature of the late province 
of Massachusetts Bay.— Mass. (1780), Part 2} Chap. 5, Sec. 1. 

Sec. 4. The location of the university of Minnesota, as established by 
existing laws, is hereby confirmed, and said institution is hereby declared 
to be the university of the state of Minnesota. All the rights, immuni- 
ties, franchises and endowments heretofore granted or conferred are 
hereby perpetuated unto the said university ; and all lands which may be 
granted hereafter by congress, or other donations for said university 
purposes, shall vest in the institution referred to in this section. — Minn. 
(1857), Art. 8. 

Sec. 4. The legislature shall provide for the establishment of a state 
university, which shall embrace departments for agriculture, mechanic 
arts and mining, to be controlled by a board of regents, whose duties 
shall be prescribed by law. — Xcv. (1864), Art. 11. 

Sec. 5. The legislature shall have power to establish normal schools, 
and such different grades of schools, from the primary department to 
the university, as in their discretion they may deem necessary, and all 
professors in said university, or teachers in said schools, of whatever 
grade, shall be required to take and subscribe to the oath as prescribed 
in article xv of this constitution. Xo professor or teacher who fails 
to comply with the provisions of any law framed in accordance with the 
provisions of this section shall be entitled to receive any portion of the 
public moneys set apart for school purposes. — TSfev. (1864), Art. 11. 

Sec. 10. The legislature shall, as soon as practicable, establish, or- 
ganize and provide for the maintenance, support and direction of a uni- 
versity of the first class, to be located by a vote of the people of this state, 
and styled "the university of Texas," for the promotion of literature and 
the arts and sciences, including an agricultural and mechanical depart- 
ment.— Tex. (1875), Art. 7. 

Sec. 14. The legislature shall, also, when deemed practicable, estab- 
lish and provide for the maintenance of a college or branch university 
for the instruction of the colored youths of the state, to be located by a 
vote of the people: Provided, That no tax shall be levied and no money 
appropriated out of the general revenue, either for this purpose or for 
the establishment and erection of the buildings of the university of Texas. 
— Tex. (1875), Art. 7. 

Sec. 4. The location and establishment by existing laws of the uni- 
versity of Utah, and the Agricultural College are hereby confirmed, and 
all the rights, immunities, franchises and endowments heretofore granted 
or conferred, are hereby perpetuated into said university and Agri- 
cultural College respectively. — Utah (1896), Art. 10. 

Sec. 11. Xo appropriation shall hereafter be made to any state normal 



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school, or branch thereof, except to those already established and in* 
operation, or now chartered. — W. To. (1872), Art. 12. 

Sec. 15. The establishment of the university of Wyoming is hereby 
confirmed, and said institution, with its several departments, is hereby 
declared to be the university of the state of Wyoming. All lands which 
have been heretofore granted or which may be granted hereafter by con- 
gress unto the university as such, or in aid of the instruction to be given 
in any of its departments, with all other grants, donations, or devises for 
said university, or for any of its departments, shall vest in said university, 
and be exclusively used for the purposes for which they were granted, 
donated or devised, ^ftie said lands may be leased on terms approved by 
the land commissioners, but may not be sold on terms not approved hj 
congress. — TFt/o. (1889), Art. 7. 



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